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^ MINUTES 



t)F THE 



FMOVINCIAl. COUNCII. 



IPSS'SS'2'Si"^AlJ2ii, 



FROM THE ORGANIZATION TO THE TERMINATION OF THE 
: PROPRIETARY GOVERNMENT. 



PUBLISHED BY THE STATE. 



vol.. I. 



C0NTAINIK6 THE PKOCEEDINGS OF COUNCIL FROM MABCH lOtfe, 
1683, TO NOVEMBEE SHll, 1700 



Harrisbiirg: : 

PRINTED BV THEOPUILUS FENN* 

1S3S. 



x'' 



^!V^ 



1 549239 I 



TABLE OF CONTENTS 

VOL. I. 



I. The memorial of the American Philosophical Society and of the 
Historical Society of Pennsylvania, to the Legislature of 1836-7, 
on the subject of printing the Records. 

II. The report of the select committee of the House of Representa- 
tives on the same subject. 

ill. Extract from the Act of April 4th, 1837, authorizing the print- 
ing of the Minutes of the Provincial Council. 

IV. Extract from the Act of April 14th, 1838, relative to the print- 
ing and distribution of the Colonial Records. 

V. The Charter of Pennsylvania, granted by Charles the Second to 
William Penn. 

VI. Certain conditions or concessions agreed upon by William Penn, 
and the first adventurers and purchasers in Pennsylvania. 

VII. The Frame of the Government of the Province of Pennsylva- 
nia, together with certain Laws agreed upon in England, April 
25th, 1682. 

VIII. The Frame of Government of the Province of Pennsylvania and 
Territories, granted by Wm. Penn, April 2d, 1683. 

IX. The Frame of Government passed by William Markham, No- 
vember 7th, 1696.* 

X. Minutes of the Provincial Council, from March 10th to Novem- 
ber 27th, 1700, the principal matters embraced in which are : 

Order of Council relative to the Seals ofthe several counties, 10 
Trial of James Kilner for Assault at sea, 23 

Trial of Charles Pickering & Samuel Buckley, for counter- 
feiting, 29, 31 
Proposals for an English School, by Enoch Flower, 36 
Anthony Weston, sentended to be whipt, 37 
Trial of Margaret xMatson, for Witchcraft, 40 
Tax proposed upon Liquors imported, 45 
Complaints cf aggression by the Marylanders, 61, 141 
Commission of Provincial Judges, 63 
Condemnation of the ship Harp, of London, 69 
boundaries of Chester county, 74 
of Bucks, 78 
James the Second proclaimed at Philadelphia, 81 
Declaration of the Assembly against Nicholas Moore, 83 
Proceedings thereon in Council, 87, 88, 90 
Several additional Laws promulgated, 122 
Refusal of Council to admit William Dyer, as a member, 150 

*The Charter of October 28th, 1701, will be found on page 54, 
vol. 2. 



CONTENTS. 

Sundry proposals agreed on by the Assembly, IS'' 

Letter of Thomas Lloyd to Governor Blackvvell &> Council, 193 
Deposition of Zachariah Whitpaine, relative to the abdication 

of James the Second, 203 

Petition relative to the bounds of Chester county, 220 

Depositions of John Biunston, Thomas Usher and others, 

concerning the same, .. , 221 

Proceedings of Council Dn the subject", . . 221, 223 

VVritt of Election for members of Provi.rKjial, Council, 238 

Debate concerning the mode of -E lection, ■ 239 

Speech of Goyeriior Blackwell. to the Assembly, 244 

Declaration of the Governor and Assembly, ' ■. 252 

Communication of the Governor concerning danger from the 

Papist & Indians, ■>;..•. ,• . .257 

Letter from the principal -Secretary of State to CJovernor 

Blackwell,. ' r 2G0 

Valedictoiy speech of Governor Blackwell, 270 

Commissions- from William Pern'n to the Council, 273,274 

Letter from William Penn to Council, ' 274 

Instructions for the Government -of Pennsylvania, ■ ; 276 

Declaration of Allegiance signed by the Council," 281 

Instructions to Lacy Cock, relatittg^to. a journey among.the 

Indians, ' " . . ., • 29-4 

C\)mmission to Benjamin Fietcherj-cohstituting him Vice Ad- 
miral, • ' • ', ■ ■ ■ - ,•(,'.;-' ,305 
Benjamin Fletcher's CqrnmjssiontoWm. Markhani,. constitu- 
ting him Deputy Vice Ad-miraj,' ■ • . 311 
Commissiqii to Benjamin Fletcher to be "Captain General and 
Governpr in Chief of the Province of Pennsylvania and 
Country of Newcastle, 512 
Benjamin Fletcher's commission to- beCaptain General and 

Governor in Chief of .New York, ' .■ 317 

Conference between Governor Fletcher and Indians from the 

upper part of the river, . , S3S 

Order of Council relative to fees paid to the clerk of Philadel- 
phia market, ; . 343 
Letter of Governor Fletcher relative to the appointment of a 
commissioner to meet those of the other provinces-at-New 
York," ■ ■■ ■ ' . . ' • S52 
Regulations of the Philadelphia market, 353,553 
Proceedings of the commissioners met at New York to agree 
upon a quota.of men and money for the defence of that 
province, _ 354 
Information against Ann Le Tort, 357 
Governor Fletcher's speech to the Assembly^, . ' 360, 361 
Address of the Assembly to Governor -Fletcher, 363 
Governor Fletcher's answer, 364 
Second address of the Assembly to Governor Fletcher relative 

to confirming the Laws of the province, 872 



CONTENTS. 

Titles of Laws in force in 1693, 373 
Remonstrance of the Assembly to Governor Fletcher, May 

17th 1693; 376 
Conference between a Committee of the Assembly and Go- 
vernor Fletcher, 378 
Conference between the Assembly and a committee of the 

Council, 380 
Answer of the Council to the Remonstrance of the Asssmbly 385 
Several Discourses betweea Governor Fletcher & commit- 
tees of the Assembly, 388, 389, 390, 391, 394 
Examination of Ann Li3 Tort, 398 
Petition of Philip England relative to a ferry over Schuylkill, 400 
Discourse between William Markham & some Delaware In- 
dians, 410 
Letter from Governor Fletcher to Lieutenant Governour 

Markham and Council, 417 

Remonstrance of the Assembly, April 11th 1694, 420 

Governor Fletcher's speech to the Assembly May 23d, 1694, 422 
Table showing the amount of Tax levied and paid in each 

county at the rate of one penny in the pound, 425 

Governor Fletcher's speech May 29th 1694, 426 

June 2d " 430 

June 7th " 432 

June 9th " 434 

RemDnstrance of Assembly in answer to the Queens Letter, 433 

William and Mary's Letters patent restoring William Penn to 

the government of Pennsylvania, 437 
Commission of William Markham to be Governor, under Wil- 
liam Penn, of Pennsylvania and Countries annexed, 438 
Commission to John Goodson & Samuel Carpenter to be as- 
sistants, 439 
Speech of Governor Markham to the council June 29th 1695, 444 

to the Assembly May 20th 1695, 448 

" " ' " 29 " 451 

" " Sept. 10th 1695 455 

Answer of the Assembly, 457 

Speech of Governor Markham to the Council September 28th 

1696, 461 
Record of the Road from Tho. Parson's water bridge Race 

to Oxford, in Oxford Creek, behind Dan Streets house, 466 
Record of the road from Richard Dungworth's miJf to Thomas 

Parson's grist mill, 466 
Record of the road from Dunken William's landing to the old 

kings road, 467 
Speech of Governor Markham to the Assembly October 30th 

1696, 470 

Report of the Assembly relative to raiding money, 472 
Order of Council relating to the petiaon of the inhabitants of 

Bucks county for a market towo, 480 



CONTENTS. 

lieport of a committee of the Assembly on Governor Fletch- 
ers letter, 486 
William Penn's letter relative to the growth of vice in Phila- 
delphia, ' 494 
Keport of the committee appointed to consider William Penn's 

letter, 495 
Proclamation by the Governor and Council, 497 
Petitionof Samuel Carpenter and others requesting that a so- 
ciety may be incorporated for the Establishment of a pub- 
lic school, 499 
Commission to Francis Nicholson to appoint Judges, dc. for 

the court of Admiralty, 500 

Commission to Matthew Birch to be Collector at Newcastle, 501 

Commission to John Bewley to be Collector, 502 

Commission to M. Birch to be Surveyor, &c. 50S 

Commission to William Massey to be Collector, 50.3 
Letter from the Justices of Sussex county relative to a piratical 

vessel, 507 

Petition of John Adams relative to the seizure of his goods, 509 

Petition of David Evans, 517 
Letter from Richard Halliwell relative to James Meinzies of 

Boston, 528 

Complaint of the Inhabitants of Newcastle, 532 

Return of Council and Assembly, May 10th 1699, 536, 568 

Order of Council relative to the quality and weight of bread, 563 

Speech of William Penn to the Council & Assembly, 568 

Memorial of Robert Quarry against David Lloyd, /)77 

Proceedings upon the petition of Robert Turner, 581 



No. I. 

MEMOMIAl. 



Asnerican Pisilosopliical Society, and of the Hasiori- 
cal Society ol Pliiladelpiiia. 

JIECOJIMENDING THE PURLICATION OF CERTAIN ANCIENT KEC0EU3. 



To the Honorable the Senate and House of Representatives of the 
Commonwealth of Fcnnaylcania. 

The memorial of the American Philosophical Society held at Phi- 
ladelphia, for promot ng useful knowledge, and of the Historical 
Society of Pennsylvania, by their commillecs for this purpose, spe- 
cially appointed, most respectfully shewcth : 

That it is the misfortune of the Nations of the old Continent, that 
their early history is lost in the night of time. Excepting the Holy 
Scriptures, no records have been preserved of the first settlements of 
mankind. All else beyond a period not very remote is veiled in ob- 
scurity. Recourse lias been had to fabulous traditions made up of 
fabled Hero's and Demi-gods in abund ince, the offsprings of vanity 
and of ignorance. Of our British ancestors, nothing is known be- 
fore the invasion of their island by Julius Ctesar, of our German 
forefathers, the noble defence made by the immorlal Herman against 
the legions of Varus, whom he defeated and conquered, is the first 
authentic account, after which follows a long period of darkness to 
the time of their great emperor Charlemagne. The ancient history 
of Asia, (the cradle of mankind) engages at this moment the attention 
o[ the learned of PiUrope. For that purpose, Asiatic societies have 
been formed under royal patronage, both in England and in PVancc. 
Ttie study of Egyptian antiquities is every where patronized, en- 
couraged and promoted. Scientific travellers are sent to that country 
at royal expense, obelisks and other monuments are imported at nn 
immense cost, and grace the public squares, the museums, and other 
repositories of the great capitals. England boasts of the rosetta mo- 
numental stone. France of her Egytian obelisk, which once adorned 
ancient Thebes, and is now erected in the midst of her capital, v/here 
it is the most attractive object to the admiration of travellers. Un- 
ble to penetrate into the future, man loves to inquire into the past, to 
interrogate his most remote ancestors, and to learn from their ex- 
perience how to pursue good and eschew evil. Pie is disappointed 
and mortified, when instead of historical facts, lie finds fabulous re- 
cords and incredible tales, more calculated for the amusement of 
children than the instruction of mankind. 



U INTRODUCTOUY 

It is the "ood fortune of the people of these United States, that 
their early history is not involved in obscurity and doubt. Although 
of recent origin, iulready engages the attention of the learned in this 
country and'elsewhcre. Historical and antiquarian societies are es 
tablished in almost every state in the Union, and their labours are 
eagerly sought after and read by our citizens with patriotic pleasure, 
and by foreigners with ardent curiosity. 

The history oi Pennsylvania deserves and obtains a particular at- 
tention. She alone can boast of a founder, whose name will go down 
to posterity, with those of the most celebrated Legislators. Her citi- 
zens are descended from two illustrious nations, alike renowned for 
science, and for the glory acquired by arms. The mixture of Ger- 
man and of British blood, has implanted in our commonwealth those 
solid virtues which lead nations to prosperity; and the warmth of the 
Irish heart, has not contributed a little to the character which she 
has acquired for generous hospitality. In every respect, her history- 
is full ol interest and will become so more and more. It is therefore 
of the highest importance, that the authentic records from which that 
history is to be deduced should not be lost to posterity. The facts 
posterior to our revolution are in no danger of being so lost, the press 
since that time has been active in perpetuating them, in the shape of 
journals, newspapers and printed records of every description. But 
it is not so with the materials of our colonial history. In single 
manuscript copies, they are deposited in the office of the Secretary of 
State, where fire or some other accident may in a moment destroy 
them so that those interesting memorials, unless effectual measures 
are taken to preserve them, will be lost to us and to our posterity 
ferever. 

Among those documents the miOst important is undoubtedly the 
minutes of the Provincial Council from the organization of the Co- 
lonial government under William Penn, down to the revolution. This 
invaluable record was fortunately preserved amidst the horrors of war 
and the troubles attending our revolution. If it should be lost a link 
will be v.-anting in the chain of events which constitute the history of 
our state. Your honors well know that the council were not only 
possessed of the executive power, but were also a branch of the legis- 
lature, as they had a negative upon all the laws proposed by the as- 
sembly. If the records of their proceedings should by some accident 
l>e lost, many important parts of our colonial history will be left in 
obscurity, and false notions will at length be established in their stead 
by the ingenuity or perhaps design of future chroniclers. 

More than eighty years ago, in the year 1752, when Pennsylvania 
was yet a poor infant colony, and her means and resources were not 
in the least degree to be compared to those of this rich and powerful 
slate, a patriotic legislature caused to be printed at their expense, the 
vx)tes and proceedings of their predecessors from the time of the land- 
ing of the founder, and his first assembly held at Chester in 1682, 
and the work was continued in six large folio volumes, down to the 
time of our revolution. The cost of this publication must have been 



DOCUMENTS. HI 

to them and to the people whdm they represented, comparatively im- 
mense, while on the contrary, your memorid lists have reason to be- 
lieve that that of publishing the minutes ofcouncil will be but trifling, 
particularly if we consider it Ui comparison with their importance. 
They ho|)e that your honors will not siiow themselves in this respect, 
less patriotic than their noble and virtuous predecessors. 

Next to the minutes of Council, your memorialists consider the 
treaties made with the Indians under tlie colonial government, to be the 
most i-niportant. They Vvill be of the utmost interest to our descen- 
dants, a4id it will be highly honorable to this great state, to show to 
the world- that .in all the re'ations of Pennsylvania with the Indian 
tribes, "ho recourse has been had to war or to the shedding of human 
blood, /except when we were obliged' to combat ihem as the allies of 
another nation, who employed them for the purpose of subduing our 
country. 

What other public ante-revolutionary documents there are in the 
Secretary's office that may be thought wortbyof publication, your 
memoriah'sls do not knov/ ; but they would humbly suggest the pro- 
priety of having a correct list of them made and published for future 
consideration ; and also, .that those who are engaged in the study oi' 
file history of our country, may know what materials exist in the 
possession of the government, which liaay be consulted by them in 
the prosecution of their labours. :., 

Your memorialists therefore respectfully pray that your Honors 
will be pleased to take the above suggestions into their serious con- 
sideration, and adopt guch measures as their wisdom shall dictate ia 
favor of :he objects of'this memorial. 

Andthey-shall ever pray, &c. 

For the American Philosophical Society, hold at Philadelphia, for 
promoting useful kno\vled;<fe. 

PETER S.DU PONCEAU, r^ , „.„^. 
. . J. FRANCIS FISFIER. 5 ^o"^"""^*^" 

For the Historical Society of PennsylAania, 

PETER S. DU PONCEAU, ? Committee 
JOB H. TYSON, S ^'^"''"'" ^" 

Philadelphia, December 8lh, 1836. 



INTRODUCTORY 



No. ir. 

REPORT 

OF THE COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 



J. Washington Tyson, Chairman. 



The Committee to whom was referred the joint memorial of the 
American Philosophical Society, held at Philadelphia, for promoting 
useful knowledge and of the Historical Society of Pennsylvania, re- 
commending the publication of certain public records, report: 

That they have examined the subject with that attention which its 
importance and the character of the memorialists demand. These 
two societies whose memorial is before the committee include a large 
portion of the mtellect, literature and science of Philadelphia. One 
of them, the Historical society of Pennsylvania, has for its objects, 
the collection and preservation of the materials of our domestic his- 
tory. All know how much it has already contributed to these pur- 
poses and to the correction of historical errors. Its published me- 
moirs, attest the intelligence, industry and public spirit of its members. 
About tvven'y years ago, the Philosophical Society, added to its 
standing committees, a committee of history. Since that period, it 
has embraced within the wide circle of its investigations, every thing 
connected with our state and federal annals. The volume published 
by the committe, comprising a learned correspondence between Du 
Ponceau, and Heckewelder, and an excellent account of the Moravian 
Indians, by the latter, as well as the collections which, it is under- 
stood, have since been made, constitute some of the Historical claims 
of the society. As chairman of each of the two committees who 
drafted the memorial before us, it is gratifying to find the name of 
the distinguished and venerable Du Ponceau, himself— a name of 
which the state, nay, the whole country, has so much reason to be 
proud for his great talents, deep erudition and fervent patriotism. — 
The memorial is therefore commended to the respectful consideration 
of this body, by the character of the memorialists who speak in it 
upon their own subject, upon one with which they may be presumed 
to be intimately acquainted ; and upon one of high and commanding 
importance to the state. 

In regard to the prayer of the memorialists, your committee can- 
not but heartily concur in the opinion, that it is important to preserve 
from eventudl destruction and all detriment, the records of this com- 
monwealth while under a colonial government, and that the safest 
means of effecting such preservation, is to cause them to be published 
and widely distributed through the state. These valuable records, 
are at present in a state of great insecurity, and liable to many acci- 
dents, any one of which may occasion their loss and total destruc- 
tion. To guard against such events, is therefore of the highest im- 
portance. 

The history of a country, is all in the acts of its government. The 



DOCUMENTS. 



public records are the only safe materials on which the historian caii 
rely. Before the invention of printing, those documents could with 
difficulty be preserved; they were liable to be, and immense numbers 
of them were in fact destroyed by fire, by foreign and civil wars by 
the perishable quality of their materials, and by the carelessness of 
those in whose custody they were placed. After the art of printing 
became known, the jealousy of government, prevented for a long pe- 
riod the publication of most important records, and the proprietary 
government of Pennsylvania, participated in that feeling, so that the 
proceedings of the colonial councils, were in a great measure consid* 
ered as state secrets, and accessible but to few. Before the revolu- 
tion, their publication could not have been permitted. 

In the infancy of the Colony, when printing presses were few, and 
the expense of printing too great to be borne by our small and disper- 
sed population, even the daily proceedings of the legislative body re- 
mained in manuscript for the space of seventy years. It was not until 
the year 1752, that the legislature determined on publishing their 
journals; beginning with those of the first assembly, which met at 
Upland, now Chester, Delaware county, in the year 1G82. It was 
a bold and an expensive project for that time, it was nevertheless un- 
dertaken ; the old journals were printed, and the publication continued 
until the period of the revolution. The whole, consisting of seven 
large folio volumes, is in our library at this place, and in many of 
the public and private libraries throughout the state, a monument of 
the zeal and patriotism of our ancestors. 

Since the revolution, all important public documents, have been 
regularly published under the authority of the legislature, and the 
copies have been multiplied through a great number of newspapers, 
so that the facts which are to be the materials of our future history, 
are beyond the reach of any accident, above contingencj, and secure 
from the danger of being lost to posterity. 

But those of the preceding period, are still exposed to the dangers 
of decay, removal, mutilation and destruction. If they should happen 
to be lost, through the neglect of the present generation, a stigma 
will rest upon u?, which no lapse of time can efface. The nations of 
Europe are at this moment strongly impressed with the necessity of 
preserving their ancient records, by means of the press. The go- 
vernment of Great Britain have, at an immense expense, commenced 
the publication of theirs, beginning with Dooms-day book, a record of 
the time of William the Conqueror, and thence proceeding through 
the series of past ages. Thirty two volumes of this collection have 
already been published ; sixteen of which are large thick folios, and 
no cost has been spared to ensure the accuracy of the text, and the 
beauty of the impression. With acommendable liberality, they have 
distributed numerous sets of this valuable collection, in America and 
Europe, in donations to public libraries, and learned societies, and 
amongst others, the American Philosophical Society, and the Library 
company of Philadelphia, have shared in that bounty. The latter in- 
stitution has received the whole collection ; and the former only part 



VI iNTnODUCTOllY 

of it, the remainder in England having been accidentally consumed 
by fire, so that it is to be begun anew. Other nations are following 
that example aided by Antiquarian societies, which are established in 
almost every large city of Europe. 

The general government of the United States have not been behind 
hand, in adopting this mode of preserving the ancient records ofour 
Union. They have re-published the journals of Congress under the 
CDnfederation, and many other important documents ,• and they have, 
permitted individuals to have access to their records, and to take co- 
pies of such papers, as, being of interest, may aflbrd a profit to the 
editor who devotes his time and his labor to their publication. 

Some of the individual states, and the state of Maryland in particu- 
lar, have lately taken similar measures for discovering and publish- 
incr important documents, in which process they have found that a 
oreat number are irrecoverably lost. To avoid a like misfortune, 
your committee think it their duty to recommend the publication of 
the colonial records of Pennsylvania, which are in the custody of the 
Secretary of the Commonv/eallh.- Of the importance and necessity 
of multiplying the copies of those valuable and curious papers, we are 
impressively admonished by the late fire at Washington — documents 
of inestimable price, both in a pecuniary and historical point of view, 
were, no doubt, by that event, entirely destroyed. Xhe absence of 
duplicates by means of the press, renders the loss altogether irrepa- 
rable. 

The memorialists have very properly pointed out the minutes of the 
proprietary councils as those that deserve to be first attended to.'^ — 
Your committee, therefore recommend, that they be immediately 
printed, under the direction of the Secretary of the Commonwealth. 
The publication of other documents may be postponed until it shall 
be known of what they principally consist. 

The memorialists have mentioned the Indian treaties as next in im» 
portance. What are called ''Indian treaties" are conferences be- 
tween Indian chiefs deputed by their respective tribes, and the go- 
vernors of the colony of Pennsylvania, in which their mutual interests 
are discussed and settled. Several of those are contained in the min- 
utes of council, and need not be printed twice. Under the name of 
"Indian treaties" are also designated the deeds and conveyances of 
lands made by Indian chiefs or land owners, to the proprietors. Of 
these, the late Judge Smith has given a full abstract in the second 
Yolume of his edition of the laws of Pennsylvania. It will neverthe- 
less be desirable that they should be published at large, as many titles 
to lands are derived from them, and they are moreover interesting in 
an historical point of view. But as the minutes of council are most 
important among our ancient records, your committee would recom- 
mend their publication in the first instance. 

Your committee have not had time to inspect the public documents 
in the Secretary's office with that care which they desired to bestow 
upon them, and which would have enabled them to give to the House 
a clear view of their contents. 



DOCUMENTS. VII 

It is their opinion that the Secretary sliould be directed to prepare 
a report on their contents, to be laid before the legislature at their 
next session, by means of which they Avill be best able to determine 
which of them deserve to be published, and to act thereon as their 
wisdom shall direct. 

In accordance with these views, the committee beg leave to report 
the accompanying bill. 



No. III. 

Extract from the ^Qd of ^^pril it/i, lS37,authorhincr the printing 
0/ the Minutes of the Provincial CoimciL 

Section 2. That the Minutes of the Council of the Proprietary 
Government, from the year one thousand six hundred and eighty, 
one, to one thousand seven hundred and seventeen, inclusive, which 
are deposited in the office of the Secretary of this Commonwealth, 
with a suitable index, and such introductory matter as may be deem- 
ed proper, be immediately printed, in the octavo form, under the 
direction of the said Secretary, to the number of one thousand copies : 
Provided, That the cost docs not exceed three thousand dollars. 

Secmon 3, That two hundred copies of the said Minutes, when 
printed, shall be placed in the hands of the Governor, to be by liim 
distributed among learned societies and public libraries, in other 
states of this Union, at his discretion ; that twenty copies shall be 
presented to the director of the Philadelphia Atheneeum, twenty copies 
to the Historical society, to be by them deposited as they may think 
best for their preservation and safe keeping; one copy to each of the 
several Colleges within the Commonwealth, five copies to the Frank- 
lin library in the city of Philadelphia, and one copy deposited in each 
of the several Record offices in the Commonwealth, and one copy 
placed in the hands of the members of the present Legislature, five 
copies in the State library, and one copy in each of the public libra- 
ries of the state, five copies to the Historical society. 

Section 4. That the Secretary of this Commonwealth shall pre- 
])are and report to the legislature at their next session a list of the 
Colonial documents deposited in his office, with his opinion as to 
those that are worthy of preservation by means of the press, and the 
probable expense of publishing the same. 

Section 5. That the said Secretary of the Commonwealth shall 
cause the original charter of Pennsylvania, now in his office, to be 
framed, covered with glass, and placed in said office for the inspec- 
tion of visitors, and that the expense thereof be paid out ofany funds 
in the Treasury, not otherwise appropriated. 
LEWIS DEWART. 

Speaker of the House of Representatives. 
J. R. BURDEN, 

Speaker of the Senate. 
Approved — The fourth day of April. A. D., eighteen hundred and 
thirty-seven. 

JOS. RITNER. 



VIII introduotort 

No. IV. 

Extract from the Act of April lAUi, 1838, relative to the printing 
and distribution of the Colonial Records. 

Srotion 7. That the Secretary of the Commonwealth be, and he is 
hereby authorized and required, to continue the printing of the Min- 
utes of the Council of the Proprietary Government, down to the period 
of the Revolution, on the plan by him proposed in his report to the 
Legislature of the thirtieth of January last, and to include the other 
public records and documents therein mentioned, to be added as 
appendixes to each volume, to the number of fifteen hundred copies. 

Section 8. That the Secretary be, and he is hereby authorized to 
purchase of the printer, for the use of the state, the five hundred 
copies of the first volume which he has printed over and above the 
one thousand copies directed by the act entitled "A supplement to the 
act entitled, an act to authorize the printing and distribution of the 
pamphlet laws in the Geaman language, and for other purposes," 
passed Anno Domini, one thousand eight hundred and thirty-seven. 

Skctioi-j 9. That one thousand out of the fifteen hundred copies of 
the work directed to ba printed and purchased, be disposed of by a 
subscription, to be opened at the several County Treasuries of the 
Commonwealth, at the price of one dollar and sixty cents per vol- 
ume, the proceeds whereof shitll be applied to the continuation of the 
work, and to the binding of the volumes. 

Sectiom 10. That one thousand one hundred and forty-six dollars 
and twenty-five cents be, and the same is hereby appropriated for 
purchasing the additional five hundred copies and carrying on the 
w^ork, in addition to the appropriation of last year, until the proceeds 
of the subscription sh:il! come into the Treasury. 

Seoiion 11. That the Secretary be, and he is hereby authorized 
to employ a clerk to aid him in the prosecution of the work, at a 
salary of eight hundred dollars per annum, to be charged on the 
Treasury, and to be paid to him from the time that he has begun to 
be so employed. 

Skction 12. That two hundred copies of said Minutes, when 
printed and bound, shall be placed in the hands of the Governor, to 
be by him distributed among learned societies and public libraries, 
in other states of this Union, at his discretion ; that five copies shall 
be presented to the American Philosophical society, five to the Histo- 
tical society, five to the Philadephla library, two to the Philadelphia 
AthnRneum, one copy to each of the several Colleges and public Li- 
braries in the state, one to each of the members and clerks of the 
present and last legislature, and that five copies shall be deposited in 
the State Library, and one copy in each of the Record offices of the 
Commonwealth. 

Skctios 18. That the third section of the supplement to the act 
entitled " An act to authorize the printing and distribution of the 
pamphlet laws in the German language, passed January twenty-third 
A. D., one thousand eight hundred and thirty-seven, and for other 
purposes," be and the same i? hereby repealed. 



DOCUMENTS. iX 

No. V. 

CIIARTESl 

OF THE 

PKOVNICE OF FBWN§Y£.^^AI^'1A- 



CFIARLES THE SECOND, UY THE GRACE OF GOD King 
ofEnrjIand, Scotland, France and In land, defendev of the faith, &c., 
Toallto vvliome these presents sh;ill come GREETING. Whereas 
our Trustie and well beloved Subject, William Penn, Esquire, sonn 
and heireofSir William Penn, deceased, out of a commendable desire 
to enlarge our English L mpire, and promote such usefull comodities 
as may bee of benefitt to us and our Dominions, as alsoe to reduce 
the Savage Natives by gentle and iust manners to the love of civill 
Societie and Christian heligion hath humbley besought leave of vs 
to transport an ample colonic vnto a certaine Countrey hereinafter 
described in the partes of America not yet cultevatcd and planted. 
And hath likewise humbley besought our Royall mnjestie to give 
grant, and confirme all the said countrey with certaine priviledges 
and .lurisdiccons requisite for the good Government and saftie of the 
said Countrey and Colonic, to him and his heires forever. KNOW 
YEE, therefore, that wee, favouring the petition and good purpose 
of the said W^illiam Penn, <'ind haveing regard to the memorie and 
meritts of his late father, in divers services, and perticulerly to his 
conduct, courage and discretion vnder our dearest brother, James 
Dukeof Yorke, in that sigmtll battell and victorie, fought and obteyn- 
ed against the Dutch fleete, comanded by the Heer Van Opdam, in 
the yeare One thousand six hundred sixtie five, in consideration there- 
of of our special grace, certaine knowledge and meere motion, Have 
given and granted, and by this our present Charter, for vs, our heires 
and successors. Doe give and grant unto the said William Penn, his 
heires and assignes all that tract or parte of land in America, with all 
the Islands therein conteyned, as the same is bounded on the East by 
Delaware River, from twelve miles distance, Northwarde of New 
Castle Towne unto the three and fortieth degree of Northern latitude 
if the said River doeth extend soe farre Northwards; But if the said 
River shall not extend soe farre Northward, then by the said River 
soe farr as it doth extend, and from the head of the said River the 
Easterne bounds are to bee determined by a meridian line, to bee drawn 
from the head of the said River vnto the said three and fortieth de- 
gree, the said lands to extend Westwards, five degrees in lonsitude, 
to bee computed from the said Easterne Bounds, and the said lands 
to bee bounded on the North, l)V the beginning of the three and for- 
tieth degree of Northern latitude, and on the south, by a circle drawne 
at twelve miles, distance from New Castle Northwards, nnd 
Westwards vnto the begining of the fortieth degree of Northerne 
Latitude; and then by a streight line Westwards, to the limitt of 
Longitude above menconed. WEE DOE alsoe give and grant vnto 



X INTllODUCTOBY 

the said William Penii, his heires and assignes, the free and vndis- 
tiirbed vse, and continuance in and passage into and out of all and 
singular Ports, harbours, Bayes, waters, rivers, Isles and Inletts, be- 
Iongin;r vnto or leading to and from the Countrey, or Islands afore- 
said; and all the soyle, lands, fields, woods, vnderwoods, mountaines, 
hills, fenns, Isles, Lakes, Rivers, waters, rivuletts,Bays and Inletts, scit- 
uate or being within or belonging vnto the Liraitts and Bounds aforesaid 
togeather with the fishing of all sortes of fish, whales, sturgeons, and 
all Royall and other fishes in the sea, bayes, Inletts, waters or Riv- 
ers, wilhin the premises, and the fish therein taken, and alsoe all 
veincs. mines and quarries, as well discovered as not discovered, of 
Gold, Silver, Gemms and pretious Stones, and all other whatsoever, 
stones, metalls, or of any other thing or matter whatsoever, found or 
to bee found within the Countrey, Isles, or Limitts aforesaid ; and 
him the said William Penn, his heires and assignes, WEE DOE, by 
this our Royall Charter, for vs, our heires and successors, make, 
create and constitute the true and absolute proprietaries of the Coun- 
trey aforesaid, and of all other, the premises, saving alwayes to vs, 
our heires and successors, the faith and allegiance of the said William 
Penn, his heires and assignes, and of all other, the proprietaries ten- 
ants and Inhabitants that are, or shall be within the Territories and 
precincts aforesaid; and saving alsoe vnto vs, our heires and Succes- 
sors, the Sovreignityof the aforesaid Countrey, TO HAVE, hold and 
possesse and enioy the said tract of Land, Countrey, Isles, Inletts and 
other the premises, vnto the said William Penn, his heires and as- 
signes, to the only proper vse and behoofe of the said William Penn, 
his heirs and assignes forever- To bee holdcn of vs, our heires and 
Successors. Kings of England, as of our Castle of Windsor, in our 
County of Berks, in free and comon socage by fealty only for all 
services, and not in Capite or by Knights service, Yeelding and pay- 
ing therefor to us, our heires and Successors, two Beaver Skins to bee 
delivered att our said Castle of Windsor, on the first day of January, 
in every yeare; and also the fifth parte of all Gold and silver Oare, 
which shall from time to time happen to bee found within the Limitts 
aforesaid, clcare of all charges, and of our iurther grace certaine 
knowledge and meere mocon, wee have thought fitt to Erect, and wee 
doe hereby Erect the aforesaid Countrey and Islands, into a province 
and Seigniorie, and doe call itt Fensilvania, and soe from henceforth 
w'ee wdl have itt called, and forasmuch as wee have hereby made, 
and ordeyned the aforesaid William Penn, his heires and assignes, 
the true and .bsolute Proprietaries of all the Lands and Dominions 
aforesaid. KiNJOW YEE therefore, that wee reposing special trust 
and confidence in the fidelitie, wisedome, Justice and provident cir- 
cumspeccon of the said William Penn, for vs, our heires and succes- 
sors. Doe grant free, full and absolute power, by vertue of these 
presents to him and his heirs, and to his and their Deputies, and Lieu- 
tenants, for the good and happy government of the said Countrey, to 
ordeyne, make, enact and vnder his and their Scales to publish any 
Lawes whatsoever, for the raising of money for the publick vse of 
the said province, or for any other end apperteyning either vnto the 



DOCUMENTS. 



publick stale peace, or safety of the said Countrey, or vntolhe piivate 
vtility of perticular persons, according vnto iheir best discretions, by 
and with the advice, assent and approbacon of the freemen of the 
said Countrey, or the greater parte of them, or of their Delegates or 
i)eputies, whom for the Enacting of the said Lawes, when, and as 
often as need shall require. WEE WILL, that the said William 
Penn, and his hcires shall assemble in such sort and forme as to him 
and them shall seeme best, and the same lawcs duely to execute vnto, 
and upon all people within the said Countrey and limitts thereof; and 
WEE doe likewise give and grant unto the said William Penn, and 
his heires, and to his and their Deputies and Lieutenants, such power 
and authoritie to appoint and establish any Judges, and Justices, ma- 
gistrates and officers whatsoever, for what causes soever, for the pro- 
bates of v/ills and for the granting of administracons within the pre- 
cincts aforesaid, and with what power soever, and in such forme as 
to the said William Penn, or his heires, shall seema most convenient. 
Alsoe to remitt, release, pardon and abolish, whether before Judgement 
or after, all crimes and offences, whatsoever comitted within the said 
Countrey, against the said Lawes, treason and wilfuU and malitious 
murder onely excepted; and in those cases, to grant reprieves untill 
our pleasure may bee knowne therein, and to doe all and every other 
thing and things which vnto the compleate establishment of Justice 
vnto Courts and Tribunalls, formes of Judicature and manner of pro- 
ceedings doe belong, altho' in these presents expresse mencon bee 
not made thereof; and by Judges by them delegated to award pro- 
ccsse, hold pleas ond determine in all the said Courts and Tribunalls, 
all accons, suits and causes whatsoever, as well criminall as civill, 
personall, reall and mixt, which Lawes soe as aforesaid, to bee pub- 
lished. Our pleasure is, and soe W^ee enioyne require and comand 
shall bee most absolute and avaylable in law, and that all the Liege 
p3ople find Subjects of vs, our heires and successors, doe observe and 
keepe the same inviolable in those partes, soe farr as they concerne 
fhem, vnder the paine therein expressed, or to bee expressed. Pro- 
vided; Nevertheles, that the said Lawes bee consonant to reason, and 
bee not repugnant or contrarie, but as neere as conveniently may bee 
agreeable to the Lawes, statute:^ and rights of this our Kingdorr:e of 
England, and saveing and reserving to vs, our heires and successors, 
the receiving, heareirig and determining of the appcale and appeales, 
of all or any person or persons, of, in or belonging to the territories 
aforesaid, or touching any Judgement to bee there made or given. — 
And forasmuch as in the Government of soeereat a Countrey, sudden 
accidents doe often happen, whereunto itt will bee necessarie to apply 
a remedie before the freeholders of the said Province, or their Dele- 
go tes or Deputies can bee assembled to the rnakeing of Lawes, nei- 
ther will itt be convenient that instantly vpon every such emergent 
occasion, soe greate a multitude should be called together. There- 
tore, [or the better Government of the said Countrey, WEE WILL, 
and ordeyne, and by these presents for vs, our heires and successors.. 
Doe ^rant vnto the s'.id William Penn, and his heires, by themselves-. 

VOL. I. 



XII INTllODLCTORY 

01- b_y their magistrates and otTicers, in that behalfe, duely to bee or- 
deyned us aforesaid, to make and constitute, fitt and wholesome or- 
dinances from time tu time witliin the said Countrey, to bee kept and 
observed as well lor the preservacon of the peace, as for the better 
govern:nent of tlie people there inhabiting, and publickly to notifie the 
same, to all persons whome the same doeth or any way may concerne, 
which ordinances our will and pleasure is, shall be observed inviola- 
bly within the said Province, vndcr paines therein to bee expressed, 
soe as the said ordinances bee consonant to reason and^bee not re- 
pugnant nor contrary, but soe farre as conveniently may bee agreeable 
with the Lawes of our kingdome of England, and soe as the said 
ordinances be not extended in any sort to bind, charge or take away 
the right or interest of any person cr persons, for or in their life, 
members, freehold, goods or Chattells^ and our further willand pleas- 
ure is, that the Lawes for regulateing and governing of properlie, 
within the said Province, as well for the descent and enioymeut of 
lands, as likewise for the enioyment and succession of goods and 
Chaltells, and likewise as to felonies, shall bee and continue the same 
as shall bee for the time being, by the generall course of the Law 
in our Kingdome of England, vntill the said Lawes shall bee altered 
by the said William Penn, hivs heires or-assignes, and by the freemen 
of the said Province, their Delegates or Deputies, or the greater part 
of them. And to the End the said William Penn, or heires, or other, 
the Planters, Owners or Inhabitants of the said Province, may not att 
any time hereafter, by misconstrucon of the powers aforesaid, 
through inadvertiencie or designe, depart from that faith and due al- 
legiance which by the Lawes of this our Realme of England, thev 
■and all our subiects, in our Dominions and Territories, alwavs owe 
vnto vs, our heires and successors, by colour of any extent or large- 
ncsse of powers hereby given, or pretended to bee given, or by force 
or colour of any lawes hereafter to bee made in the said Province, 
by virtue of any such powers. Our further will and pleasure is, that 
a transcript or Duplicate of all lawes which shall bee soe as aforesaid, 
ma'de and published within the said province, shall within five yeares 
after the makeing thereof, be transmitted and delivered to the privy 
'Councell, for the time being, of vs, our heires and successors; and if 
ao) of the said Lawes within the space of six moneths, after that they 
shall be soe transmitted and delivered, lee- declared by vs, our heires 
and successors, in our or their privy Councell, inconsistent with the 
sovereignety or lawfull prerogative- of vs, our heirs or successors, or 
contrary to the faith and allegiance due bv the lesall Government 
of this realme, from the said WiHi.im Penn, or his heires, or of 
the Planters and Inhabitants of the said province; and that therevpon 
any of the said Lawes shall bee adiuged and declared to bee void bv 
vs, our heires or successors, vnder ouror their Privy Sealc, that then, 
and from t;henceforth such Lawes concerning which such Judgement 
and dcclaracon shall bee made, shall become vovd, otherwfsc the 
said lawes soe transmitted, shall remaine and stand in fidi force ac- 
cording to the true intent and meaneing thereof. f\irthcrmcre, that 



DOCUMENTS XIII 

thai this new Colony may the more happily increase, by the multi- 
tude of people resorting thither: THEREFORE, WEE, for vs, our 
heires and successors, doe give and grant by these presents, power 
licence and libertie vnto all the liege people and subjects, both present 
and future of vs, our heires and successors, excepting those who 
shall beeespeciallyforbidden, to transport themselves and families vnto 
the said Coiintrey, with such convenient shipping, as by the lawes of 
this, our kingdome of England, they ought to vse with fitting provisions 
paying oniv the customes therefore due, and thereto settle them- 
selves, dwell and inhabitt and plant for the publick and their own 
])rivate advantage ; AND FURTHERMORE, that our subiects may 
bee the rather encouraged to undertake this expedicon with ready 
and cheerfuU mindes. KNOW YEE, that wee of our especial grace 
certaine knowledge and meere mocon, Doe give and grant by vertue 
of these presents, as well vnto the said William Penn and his heires, 
as to all others who shall from time to time jrepaire vnto the said 
Countrey, with a purpose to inhabitt there, or to trade with the 
natives of the said Countrey, full license to lade and freight in any 
Ports whatsoever of vs, our-heires and successors, according to the 
lawes made, or to be made within our kingdome of England, and into 
the said Countrey, by them, theire -servantsor assignes, to transport 
all and singular theire wares, goods and merchandizes, as likewise^ 
all sorts of graine whatsoever, and all other things whatsoever ne- 
cessary for food or cloathing, net phibited by the lawes and Sta- 
tutes of our kingdomes and Dominions, to be carryed out of the said 
kingdomes without any lett or molestacon of vs, our heires and 
successors, or of any the officers of vs, our heires and successors, 
saveing alwayes to vs, our heires and successors, the legall impossi- 
tons, customes and other duties and payments for the said wares and 
merchandize, bv any law or statute due or to be due to vs, our heires 
and successors. AND WEE DOE further for vs, our heires and 
.Successors, give and grant vnto the said William Penn, his heires 
and assignes, free and absolute power to Divide the said Countrey, 
and Islands, into Townes, Hundreds and Counties, and to erect and 
incorpoiate Townes into Borroughs, and Borroughs into Citties, and 
to make and constitute ft'aires and marketts therein, with all other 
convenient privileges and imunitics according to the meritt of the 
inhabitants, and the ffittnes of the places ; & to -doe all and every 
other thing and things touching the premises which to him or them 
shall see.ne requisite, and meet, albeit they be such as of their owno 
nature might Ocherwise require a more especiall comandment and 
warrant, then in these presents is expressed. WEE WILL ALSOE, 
and by these presents for vs, our heires and successors, WEE doe 
give and grant licence by this our charter, vnto the said William 
]*enn, his heires and assignes, and to all inhabitants and dwellers in 
pvince aforesaid, both present, and to come to import or vnlade by 
themselves or their Servants, factors or assignes, all merchandizes 
and goods whatsoever, that fihall arise of the fruites and comoditiesof 
ihe said province, either by Land or Sea, into any of the Ports of vsr 



Xiy INtllODUCTORT 

our hei res and successors, in our kingdome of England, and not into 
any other countrey whatsoever. And WEE give him full power to 
dispose of the said goods in the said ports, and if need bee, within 
one yeare next after the unladeing of the same, to lade the said mer- 
chandizes and goods again into the same or other shipps, and to 
export the same into any other Countreys, either of our Dominions 
or fforreigne. according to la we : PiioviDKD alwayes, that they pay 
such, customes and imposicons, subsielies and duties for the same to 
vs, our heires and successors, as the rest of our subiects ol our king- 
dome of England, for the time being shall be bound to pay, and doe 
observe the acts of Navigation and other lawes in that behalle made. 
AND FURTHERMORE, of our more ample and especiall grace,cer- 
tain knowledge and meere motion, WEE DOE, for vs, our heires and 
.successors, Grant vnto the said William Penn, his heires and as- 
signes, full and absolute power and aulhorilie, to make, erect and 
constitute within the said province, and the Isles and Isletts afore- 
said, such and soe many Seapoits, harbours. Creeks, Havens, Keyes 
and other places, for discharge and vnladeing of goods, & merchandize 
out of the shipps, boates and other vessells, and Ladeing them in such 
and soe many places, and wilh such rights, Jurisdiccons, liberties and 
priviledges unto the said porls. belonging as to him or them, shall 
seeme most expedient, and that all and singuler the shipps, boates 
and other vessells, which shall come for merchandize and trade, vnto 
the said pvince, or out of the same shall depart, shall be laden or 
vnladen onely att such ports as shall be erected and constituted by the 
.•5aid William Penn, his heires and assignes, any vse, custome or other 
thing to the contrary notwithstanding: PROVIDED, that the said 
William Penn and his heires, and the Lieutenants and Governors 
for the time being, shall admitt and receive in and about all such 
ports, havens. Creeks and Keyes, all officers and their Deputies, who 
shall from time to time be appointed for that purpose, by the ttarmers 
or Comissioners of our customes, for the time being. AND WEE 
DOK further appoint and ordaine, and by these presents for vs, 
our heires and successors, WEE DOE grant vnto the said Wil- 
liam Penn, his heires and assignes, that he the said William Penn, 
his heires and assignes, may from time to time forever, have and 
enioy the customes and subsidies in the ports, harbours and other 
Creeks, and places aforesaid, within the pvince aforesaid, payable or 
due for merchandizes and wares, there to be laded and vnla"ded,the 
aaid customes and subsidies to be reasonably assessed, vpon any oc- 
casion by themselues, and the people there as aforesaid, to be assem- 
bled to whom WEE give power, by these presents for vs, our heires 
and successors, vpon iust cause, and in a due pporcon, to assesse 
and impose the same, saveiiig vnto vs, our heires and successors, 
such imposcons and customes as by act of parliament are and shall 
be appointed; and it is our further will and pleasure, that tire said 
William Penn, his heires and assignes, shall from time to time consti- 
tute and appoint an attorney or agent, to reside in or neare our Citty 
of London, who shall make knowne the place where he shall dwell 
©r naay be found, vnto the Clerks of Our privy Counsell, for the time 



DOCUMENTS. XV 

being, or one of them, and shall be ready to appeaie in any of our 
Courts att Westminster, to answer for any misdemeanors that shall 
be comitted, or by any wilfull default or neglect pmitted by the 
said William Penn, his heires or assignes, against our Lawes oi' 
Trade or Navigacon, and after it shall be ascertained in any ot' 
our said Courts, what damages WEE or our heires or successors 
shall haue sustained, by such default or neglect, the said William 
Penn, his heires and assignes, shall pay the same within one yeare 
after such taxacon and demand thereof, from such attorney, or in 
case there shall be noe such attorney, by the space of one yeare, or 
such attorney shall not make payment of such damages, within the 
space of one yeare, and answer such other forfeitures and penalties 
within the said time, as by the acts of parliament in England, are or 
shall be pvided, according to the true intent and meaning of these 
presents ; Then it shall be lawfule for vs, our heires and successors, 
to seize and Resume the government of the said pvince or Countrey, 
and the same to retaino untill payment shall be made thereof, But 
notwithstanding any such seizure or resumption of the Government, 
nothing concerening the propriety or ownership of any Lands, Tene- 
ments or other hereditaments, or goods, or chattels of any tho 
adventurers, Planters or owners, other then the respective offenders 
there, shall be any way afiected or molested thereby : PROVIDED 
alwayes, and our will and pleasure is that neither the said William 
Penn, nor his heires, nor any other the inhitants of the said 
pvince, shall at any time hereafter haue or maintain any correspon- 
dence wi'h anv other king, prince or State, or with any of theire 
subiects, who shall then be in warr against vs, our heires or succes- 
sors ; Nor shall the said William Penn, or his heires, or any other 
the inhabitants of the said pvince, make vvarre or doe any act of 
hostilitie against any other king, prince or state, or any of their 
subiects, who shall then be in league or amity with vs, our heires or 
successors. And because in soe remote a Countrey, and scituate 
neare many Barbarous Nations, the incursions as wellof the savages 
themselues, as of other enemies, pirates and Robbers, may pbably be 
feared. Therefore, WEE have given and for vs, our heires and 
successors. Doe give power by these presents vnto the said William 
Penn, his heires and assignes, by themselues or their Captaines or 
other, their officers to levy, muster and traine all sorts of men. ol 
what condicon, or wheresoever borne, in the said pvince of Pen- 
sylvania, for the time being, and to make warr and pursue the ene- 
mies and Robbers aforesaid, as well by Sea as by Land, yea, even 
without the Limits of the said pvince, and by God's assistance, to 
vanquish and take them, and being taken, to put them to death bv 
the law of Warr. or to save them att theire pleasure, and to doe all 
and every other act and thino-, which to the charge and office of a 
Captaine generall of an Army, belongeth or hath accustomed to 
belong, as fully and ffreely as any Captame Generall of an Army, 
hath ever had the same. AND FURTHERMORE, of our especiaii 
grace and of our certaine knowlcdg and meere motion, WEE have 



XVI INTHODUCTOUy 

given and granteJ, anJ by these presents for vs, our heires and suc- 
cessors, iJoe give and giant vnto the said Wi Ham Penn, his heires 
and assignes, flil! and absolute power, licence and authoritie, That he 
the said William Penn, his heires and Assignes, from time to time 
herealter forever, att his or theire will and pleasure, may assigne, 
alien, grant, demise or infeoffe of the premises, soe many, and such 
partes and parcells to him or them, that shall be willing to purchase 
the same, as they shall thiuke ffitt. TO HAVK AND TO HOLD to 
them, the said person and persons willing to take or purchase, theire 
lieires and assignes, in Hee simple or ffeetaile, or for the terme of life, 
or Hues, or yeares, to be held of the said William Penn, his heires 
and assignes, as of the said Seigniory of Windsor, l>y such services, 
ciistomes and rents, as shall seeme ffitt to the said William Penn,his 
iieire.s and assignes, and not imediately of vs, our heires and succes- 
sors, and ti» the same person or persons, and to all and every of 
them, WEE DOE nive and grant by these presents, for v?, our 
heires and successors, Licence, authoritie and power, that such person 
or persons may take the premisses or any parcell thereof, of the afore- 
said William Penn, his heires or assignes, and the same hold to them 
selues, their heires and assignes, in what estate of inheritance soever, 
sn ffee simple, or in fieetaile or otherwise, as to liim the stiid William 
Penn, his heires and assignes, shall seem expedient. The Statutes 
made in the parliament of Edward, sonne of king Henry, late king 
of England, our predecessor, comonly called the Statute Quia Emp- 
tores terrarum, lately published in our kingdome of England, in any 
Avise notwithstanding, and by these presents, WEE give and grant 
licence vnto the said William Penn, and his heires, likewise to all 
and every such person and persons to whf)m the said William Penn, 
or his heires, shoU at any time hereafter, grant any estate of inheri- 
tance as aforesaid, to erect any parcells of Land within the pvince 
aforesaid, into manners, by and with the licence to be first had and 
obteyned for that purpose, vnder the hand and scale of the said Wil- 
liam Penn, or his heires, and in every of the said manners, to haue 
and to hold a Court Baron, with all thinges wliatsoever, which to a 
Court Baron do belong; and to haue and to hold view of ffrank- 
pledge, for the conservacon of the peace, and the better gc-vernnient 
of those partes by themselves or their Stewarts, or by the Lords for 
the time being, of other mannors to be deputed when they shall be 
erected, and in the same, to vse all things belonging to view offfrank- 
pledge; and WEH^idoe further grant licence and authoritie that every 
such person and persons, who shall erect any such manner or man- 
nors as aforesaid, shall or may grant all or any parte of his said 
lands to any person or persons, in H'ee smiple or anv other estate of 
inheritance, to be held of the said mannors respectivelv, voe as noe 
further tenures shall be created, but that vpon all further and other 
alienacons thereafter, to be made the said lands soe aliened, shall be 
held of the same Lord and his heires, of whom the alien did then 
before hold, and by the like, rents and services, which were before 
due and accustomed. And further, our pleasure is and by these 



DOCUMENTS. XV« 

presents for vs, our heires and successors, WEE doe Covenant and 
grant to and wiih the said William Penn, and his heires and assignes, 
that WEE, our heires and successors, shall att no time hereafter sett 
or make, or cause to be sett, any imposicon, custome or other taxa- 
con, rate or contribucon whatsoever, in and upon the dwellers and 
inhabitants of the aforesaid pvince, for their lands, tenements, goods 
or chattels, within the said province, or in and vpon any goods or 
merchandize within the said pvince, or to be laden or vnladen within 
the ports or harbours of the said pvince, vnles the same be with the 
consent of the pprietarj, or chiefe Governor and Assembly, or by act 
of parliament in England. And our pleasure is, and for us our 
heires and successors, WEE charge and comand, that this our De- 
claracon, shall from henceforward be received, and allowed from 
time to time in all our Courts, and before all the Judges of vs, our 
heires and successors, for a sufficicient and lawful discharge, pa)'- 
ment and acquittance, comanding all and singular the officers and 
ministers of vs, our heires and successors, and cnioyneing them vpon 
paine of our high displeasure, that they doe not presume att any time 
to attempt any thing to the contrary of the premises, or that they 
doe in any sort withstand the same, but that they bee att all times 
aiding and assisting as is fitting vnto the said William Penn, and 
his heires, and to the inhabitants and merchants of the pvince afore- 
paid, thpir servants, ministers, tractors and assignes, in the full vse 
and fruition of the beneffitt of this our Charter : And our further 
pleasure is. And WEE doe hereby, for vs, our heires and successors, 
charge and require that if any of the inhabitants of the said pvince, 
to the number of Twenty, c^hall att any time hereafter be desirous, 
and shall by any writeing or by any pson deputed for them, signify 
such their desire to the Bishop of London, that any preacher or 
preachers to be approved of by the said Bishop, may be sent vnto 
ihem for their instruccon, that then such preacher or preachers, shall 
and may be and reside within the said pvince, without any Denial! 
or molcstacon whatsoever ; and if pchance it should happen here- 
after, any doubts or questions should arise concerneing the true sencc 
& meaning of any word, clause or sentence, conteyned in this our 
present charter, WEE AVILL ordaineand comand, that att all timrs 
and in all things such interpretacon be made thereof, and allowed in 
any of our Courts whatsoever, as shall be adiudged most advanta- 
geous and favourable unto the said William Penn, his heires and 
assignes: PROVIDED alwayes, that no interpretacon he admitted 
thereof, by which the allegiance due vnto vs, our heires and succes- 
sors, may suffer any preiudice or diminucon, although expres mencon 
be not made in these presents, of the true yearly value or certain*/ 
o( the premisses, or of any parte thereof, or of other guifts and grants 
made by vs, our pgenitors or predecessors, vnto the said William 
Penn, or any Statute, act, ordinance, pvision, pclamacon or restraint 
heretofore, had made, published, ordained or pvided, or any other 
thing, cause or matter whatsoever to the contrary thereof, in any 



xviti l^^TRODUToky 

wise notwithstanding. In Witness whereof WEE have caused these 
our letters to be made patents, Witness our selfe at Westminster, the 
fourth day of March, in the three and thirtieth jeaie of our Reigne. 

PIGOTT. 
By Writt of privy Scale. 

John Shaler, chv'. 
xxvij die .Tanry, 1682, Fir. 



CERTAIN CONDITIONS OR CONCESSIONS, 
t,^gYeed upon by JViUiam Perm, Proprietary and Governor of the 
Province of Pennsylvania and those loJio are the adventurers and 
purchasers in the same province the Eleventh of July, One 
thousand six hundred and eighty one. 

First. That so soon as it pleaseth God that the above said persons 
arrive there, a quantity of land or Ground plat shall be laid out for a 
large Town or City in the most convenient place upon the River for 
health and navigaton; and every purchaser and. adventurer shall by 
lot have so much land therein as will answer to the proportion which 
he hath bought or taken up upon rent. Hut it is to be noted that the 
surveyors shall consider what Roads or Highways will be necessary 
to the Cities, Towns, or through the lands. Great roads from City to 
City not to contain less than forty feet in breadth shall be first laid 
out and declared to be for highways before the Dividend of acres be 
laid out for the purchaser and the like observation to be had for the 
streets in the Towns and Cities, that there may be convenient roads 
and streets preserved not to be encroached upon b}^ any planter or 
builder that none may build irregularly to the damage of another. — ■ 
In this custom governs. 

Secondly. That the land in the Town be laid out together after 
the proportion of ten thousand acres of the whole country, that is 
two hundred acres, if the place will bear it: However that the pro- 
portion be by lot and entire so as those that desire to be together, es- 
pecially those that are by the catalogue laid together, may be so laid 
together both in the Town &, Country. 

Thirdly. That when the Country lots are laid out, every purcha^- 
ser from one thousand to Ten thousand acres or more, not to have 
above One thousand acres together, unless in three years they plant 
a family upon every thousand acres; but that all such as purchase 
together, lie together; and if as many as comply with this Condition, 
that the whole be laid out together. 

Fourthly. That where any number of purchasers, more or less, 
whose number of acres amounts to Five or ten thousand acres, desire 
to sit together in a lot or Township, they shall have their lot or 
Township cast together, in such places as have convenient Harbours 
or navigable rivers attending it, if such can be found, and in case 
any one or more Purchasers plant not according to agreement, in 
this concession to the prejudice of others of the same Township upon 



DOCUMENTS. Xj5t 

complaint thereof, made to the Governor or his deputy, with assist- 
ance they may award (if they see cause) that the complaining pur- 
chaser may, paying the survey money, and purchase money, and 
Interest thereof, be entitled, inroUed and lawfiiUy invested in the 
lands so not seated. 

Fifthly. That the proportion of lands that shall be laid out in the 
first great Town or City, for every purchaser, shaL be, after the 
proportion of Ten acres, for every Five hundred acres purchased, if 
the place will allow it. 

Sixthly. That notwithstanding there be no mention made in the 
several Deeds made to the purchasers, yet the said William Penn, 
does accord and declare, that all Rivers, Rivulets, Woods and Un- 
derwoods, Waters, Watercourses, Quarries, Mines and Minerals, 
(except mines Royal,) shall be freely and fully enjoyed and wholly 
by the purchasers into whose lot they fall. 

Seventhly. That for every Fifty acres that shnll be allotted to a 
servant, at the end of his service, his Quitrent shall be two shillings 
per annum, and the master or owner of the Servant, when he shall 
take up the other Fifty acres, his Quitrent shall be Four shillings 
by the year, or if the master of the servant, (by reason in the Inden- 
tures he is so obliged to do,) allot out to the Servant Fiftv_^acrcs in his 
own Division, the said master shall have on demand allotted him from 
the Governor, the One hundred acres, at the chief rent of Six shillings 
per annum. 

Eightly. And for the encouragement of such as are ingenious, 
and willing to search out Gold and silver mines in this province, it is 
hereby agreed that they havo liberty to bore and dig in any mans 
property, fully paying the damage done, and in case a Discovery 
should be made, that the discoverer have One Fifth, the owner of the 
soil (if not the Discoverer) a Tenth part, the Governor Two fifths, 
and the rest to the public Treasury, saving to the king the share re- 
served by patent. 

Ninthly. In every hundred thousand acres, the Governor and 
Proprietary by lot reser^'elh Ten to himself, which shall lie but in 
one place. 

Tenthly. That every man shall be bound to plant or man so 
much of his share of Land as shall be set out and surveyed within 
three years after it is so set out and surveyed, or else it shall ho 
lawful for new comers to be settled thereupon, paying to them their 
survey money, and they go up higher for their shares. 

Eleventhl}\ There shall be no buying and selling, be it with an 
Indian, or one among another of any Goods to be exported hut what 
shall be performed in public market, when such place shall be set 
apart or erected, where they shall pass the public Stamp or Mark. 
If bad ware and prized as good, or deceitful in proportion or weight, 
to forfeit the value as if good, and full weight and proportion to the 
public Treasury of the Province, whether it be the merchandize of the 
Indian or that of the Planters. 

3 



XX INTRODUCTORY. 

Twelfthly. And forasmuch as it is usual with the planters to oi/bt- 
reach the poor natives of the Country in Trade, by Goods not being 
good of the kind, or debased with mixtures, with which they are sen- 
sibly aggrieved, it is agreed, whatever is sold to the Indians, in 
consideration of their furs, shall be sold in the market place, and 
there sufi'er the test, whether good or bad ; if good to pass ; if nor 
good, not to be sold for good, that the natives may not be abused nor 
provoked. 

Thirteenthly. That no man shall by any ways or means, in 
word or deed, affront or wrong any Indian, but he shall incur thr 
same penafty of the Law, as if he had committed it against his fel' 
low planters; and if any Indian shall abuse, in Word or Deed, any 
planter of this province, that he shall not be his own Judge upon the 
Indian, but he shall make his complaint to the Governor of the pro- 
vince, or his Lieutenant or Deputy, or some inferior magistrate near 
him, who shall, to the utmost of his power, take care with the king 
of the said Indian, that all reasonable Satisfaction be made to the 
said injured planter. 

Fourteenthly. That all differences between the Planters and the 
natives, shall also be ended by Twelve men, that is, by Six planters 
and Six natives, that so we may live friendly together as much as in 
us lieth, preventing all occasions of Heart burnings and mischief. 

Fifteeathly. That the Indians shall have liberty to do all things 
relating to improvement of iheir Ground, and providing sustenance 
for the iamilies, that any of the planters shall enjoy. 

Sixteenthly. That the laws as to Slanders, Drunkeness, Swear- 
ing, Cursing, Pride in apparel, Trespasses, Distresses, Replevins. 
Weights and measures, shall be the same as in England, till altered 
by law in this province. 

Seventeenthly. That all shall mark their hogs, sheep and other 
cattle, and what are not marked within three months after it is in 
their possession, be it young or old, it shall be forfeited to the Go- 
vernor, that so people may be compelled to avoid the occasions of 
much strife between Planters. 

Eighteenthly. That in clearing the ground, care be taken'to leave 
One acre of trees for every five acres cleared, especially to preserve 
oak and mulberries, for silk and shipping. 

Nineteethly. That all ship masters shall give an account of their 
Countries, Names, Ships, Owners, Freights and Passengers, to an 
officer to be appointed for th<it purpose, which shall be registered 
within Two days after their arrival; and if they shall refuse so to 
do that then none presume to trade with them, upon forfeiture there- 
of; and that such masters be looked upon as having an evil intention 
to the province. 

Twentiethly. That no person leave the Province without publica- 
tion being made thereof in the market place, Three weeks before, and 
certificate from some Justice of the peace, of his clearness with his 



DOCUMENTS. XXI 

neghbours and those he has dealt withal, so far as such an assurance 
can be attained and given ; and if any master of a ship shall con- 
trary hereunto receive, and carry away any person that hath r.ot 
given that public notice, the said master shall be liable to all debts 
owini^ by the said person, so secretly transported from the province. 
Lastfy, that these are to be added to or corrected by and with the 
consent of the parties hereunto subscribed. 
Sealed and delivered in the presence of 

WILLIAM PENN. 

William Boelham, Humphry South, 

Harbert Springet, Thomas Barker, 

Thomas Piudyard, Samuel Jobson, 

Sealed and delivered in the pre- John Joseph Moore, 

sence of all the proprietors who William Powel, 

have hereunto subscribed, except Richard Davie, 

Thomas Farrinborrough and John Griffith Jones, 

Ooodson, in the presence of Hugh Lambe, 

Huijh Chamberlen, Thomas Farrinborrough, 

R. Murray, John Goodson. 
Harbert Springet, 



No. VII. 
THE FRAME OF THE GOVERNMENT 

Of the Province, nf Pennsylvania, in America: together with cer- 
tain laws in England, by the Governor and divers freemen of the 
aforesaid Province. To be further explained and confirmed there 
by the first Provincial Council that shall be held, if they see meet. 

THE PREFACE. 
When the great and wise God had made the world, of all his 
creatures it pleased him to choose man his deputy to rule it; and to fit 
him for so great a charge and trust, he did not only qualify him with 
skill and power, but with integrity to use them justly. This native 
goodness was equally his honour and his happiness ; and whilst he 
stond here, all went well ; there was no need of coercive or compul- 
sive means ; the precept of divine love and truth in his bosom was 
the guide and keeper ot his innocency. But lust prevailing against 
f^uty, made a lamentable breach upon it; and the law, that before 
had no power over him, took place upon him and his disobedient 
posterity, that such as would not live conformable to the holy law 
within, should fall under the reproof and correction of the just law 
without, in a judicial administration. 

This the apostle teaches in divers of his epistles. The law' (says 
he) was added because of trangression : In another place, knowing 
that the law was not made for the righteous man ; but for the dis. 
obedient and ungodly, for sinners, for unholy and prophane, for 
murderers, for whoremongers, for them that defile themselves with 
mankind, and for menstealers, for liars, for perjured persons, &.c. 



XXU INTRODUGTOUY 

But this is not all, he opens and carries the malter of government a 
little further : Let every soul be subject to the higlier powers, for 
there is no power but of God. The powers that be are ordained of 
God : whosoever therefore resisteth the power, resisteth the ordi- 
nance of God. For rulers are not a terror to good works, but to 
Evil: wilt liiou then not be afraid of the power? Do that which is 

good, and tliou shalt have praise of the same. He is the minister 

of God to thee for good. Wherefore ve must needs be subject, 

not only for wrath, but for conscience sake. 

This settles the divine right of government beyond exception, 
and that for two ends : first, to terrify evil-doers ; secondly, to che- 
rish those that do well ,• which gives government a Life beyond 
corruptio;-!, and makes it as durable in the world, as good men shall 
be. So that government seems to me a part of religion itself, a thing 
sacred in ifs institution and. end. For if it does not directly remove 
the cause, it crushes the effects of evil, and is as such (tho' a lower yet) 
an emanation of the same Divine Power, that is both author and object 
of pure religion ; the difference lying here, that the one is more free 
and mental, the other more corporal and compulsive in its opera- 
tions : but that is only to evil-doers; government itself being other- 
wise as capable of kindness, goodness and charity, as a more pri- 
vate society. They weekly err, that think there is no other use of go- 
vernment than correction, which is the coarsest part of it: daily 
experience tells us, that the care and regulation of many other 
affairs more soft and daily necessary, make up much the greatest 
part of government; and which, must hays fcllowed.the peopling of 
the world, had Adam never feli, and will continue among men on 
earth under the highest attainments they may arrive at, by the 
coming of the blessed second Adam, the Lord from Heaven. Thus 
much of government in general, as to its rise and end. 

For particular frames and models, it will become me to say little ; 
and comparatively I will say nothing. My reasons are : first, that 
the age is too nico and difficult for it ; there being nothing the wits of 
mon are more busy and divided upop. 'Tis true, they seenfito agree 
in the end, to wit., happiness; but in the means they differ, as to 
divine, so to this human felicity ; and the cause is much the same, 
not always want of light and knowledge, but want of using tiiem 
rightly. Men side with their passions against their reason, and 
their sinister interests have so strong a bias upon their minds, that 
they lean to them against the good of the things they know. 

Secondly, I do not find a model in the world, that time, place, 
and some singular emergences have nut necessarily altered; nor is 
it easy to frame a civil government, that shall serve all places alike. 

Thirdly, I know what is said by the several admirers of monar- 
chy, aristocracy and democracy, which^are the rule of one, a few, 
and many, and are the three common ideas of government, when 
Kjen discourse on that subject. But I choos? to solve the controversy 



DOCUMENTS. 



with this small distinction, and it belongs to all three : any govern- 
ment is free to the people under it (whatever be the frame) where 
the laws rule, and the people are a party to those laws, and [more 
than this is tyranny, oligarchy, and confusion. 

But lastly, when all is said, there is hardly one frame of govern- 
ment in the world so ill designed by its first founders, that in good 
hands would not do well enough; and story tells us, the best in ill 
ones can do nothing that is great or good ; witness the Jewish and 
Roman states. Governments, like c'ocks, go from the motion men 
give them, and as governments are made and moved by men, so by 
them they are ruined too. Wherefore governments rather depend 
upon men, than men upon governments. Let men be good, and the 
government cannot be bad; if it be ill, they willcure it. Biitif men 
be bad, let the government be never so good, they will endeavour to 
warp and spoil it to their turn. 

I know some say, let us have good laws, and no matter for the men 
that execute them : but let them consider, that though good laws do 
well, good men do better: for good laws may want good men, and 
be 'abolished or invaded by ill men; but good men will never want 
good laws, nor sufi'er ill ones. 'Tis true, good laws have some awe 
upon ill ministers, but that is where they have not power to escape or 
abolish them, and the people are generally wise and good : but a 
loose and depraved people (which is to the question) love laws and 
an administration like themselves. That therefore, which makes a 
good constitution, must keep it, viz: men of wisdom and virtue, qual- 
ities, that because they descend not with worldly inheritances, must 
be carefully propagated by a virtuous education of youth, for which 
after ages will owe more to the care and prudence of founders, and 
the successive magistracy, than to their parents for their private pa- 
trimonies. 

These considerations of the weight of government, and the nice 
and various opinions about it, made it uneasy to me to think of pub- 
lishing the ensuing frame and conditional laws, foreseeing both the 
censures they will meet with from men of differing humours and en- 
gagements, and the occasion they may give of discourse beyond my 
design. 

But next to the power of necessity (which is a solicitor that will 
take no denial) this induced me to a compliance, that we have (with 
reverence to God, and good conscience to men) to the best of our 
skill, contrived and composed the FRAME and LAWS of this go- 
vernment, to the great end of all government, viz: to support pow- 
er in reverence with the people, and to secure the people from ihe 
abuse of power; that they may be free by their just obedience, and 
the magistrates honourable for their just administration: for liberty 
without obedience is confusion, and obedience without liberty is sla- 
very. To carry this evenness is partly owing to the constitution, and 
partly to the magistracy: where either of these fail, government 
will be subject to convulsions; but where both are wanting, it must 
be totally subverted: then where both meet, the government is like 

VOL. I. 



XXIV INTRODUCTORV 

to endure. Which I humbly pray and hope God will please to make 
the lot of this of Pennsylvania. Amen. 

WILLIAM PENN. 



THE FRAIIE. 

TO ALL PEOPLE, to whom these presents shall come. WHEPvE- 
AS king Charles the second, by his letters patents, under the 
great seal of England; for the consideration therein mentioned, hath 
been graciously pleased to give and grant unto me William Penn (by 
the name of William Penn, Esq. son and heir of Sir William Penn, 
deceased) and to my heirs and assigns forever, all that tract of land 
or province, called Pennsylvania, in America, with divers great 
powers, preheminences, royalties, jurisdictions, and authorities, ne- 
cessary for the well-being and government thereoi : NOW KNOW 
YE, that for the well-beingi and government of the said province, 
and for the encouragement of all the freemen and planters that may 
be therein concerned, in pursuance of the powers aforementioned, I 
the said William Penn have declared, granted, and confirmed, and by 
these presents, for me, my heirs and assigns, do declare, grant and 
confirm unto all the freemen, planters and adventurers, of, in and 
to the said province, these liberties, franchises, and properties, to be 
held, enjoyed and kept by the freemen, planters and inhabitants of 
the said province of Pennsylvania for ever. 

Imprimis. That the government of this province shall, according to 
the powers of the patent, consist of the Governor and freemen of the 
said province, in form of a Provincial Council and General Assem- 
bly, by whom all laws shall be made, officers chosen, and pubiick 
affairs transacted, as is hereafter respectively declared. That is 
• to say, 

Second. That the freemen of the said province shall, on the 
twentieth day of the twelfth month, which shall be in this present 
year, one thousand six hundred eighty and two, meet and assemble 
in some fit place, of which timely notice shall be before hand given, 
by the governor or his deputy, and then and there shall choose out oi 
themselves seventy two persons of most note for their wisdom, 
virtue and ability, who shall meet on the tenth day of the first month 
next ensuing, and always be called and act as the Provincial Council 
of the said province. 

Third. That at the first choice of such Provincial Council, one 
third part of the said Provincial Council shall be chosen to serve for 
three years next ensuing ; one third part for two years then next en- 
suing, and one third part for one year then next following such 
election, and no longer ; and that the said third part shall go out 
accordingly. And on the twentieth day cf the twelfth month as 



DOCUMENTS. XXV 

aforesaid, yearly for ever afterward, the freemen of the said pro- 
vince shall in like manner meet and assemble together, and then 
chuse twenty four persons, being one third of the said number, to 
serve in Provincial Council for three years. It being intended, that 
one third part of the whole Provincial Council (always consisting and 
to consist of seventy two persons, as aforesaid) falling off yearly, it 
shall be yearly supplied by such new yearly elections, as aforesaid; 
and that no one person shall continue therein longer than three years: 
and in case any member shall decease before the last election during 
his time, that then at the next election ensuing his decease, another 
shall be chosen to supply his place for the remaining time he was to 
have served, and no longer. 

Fourth. That after the first seven years, every one of the said 
third parts that goeth yearly off, shall be uncapable of being chosen 
again for one whole year following : that so all may be fitted for 
government, and have experience of the care and burden of it. 

Fifth. That the Provincial Council in all cases of matters of mo- 
ment, as their arguing upon bills to be past into laws, erecting courts 
of justice, giving judgment upon criminals impeached, and choice of 
officers, in such manner as is herein after mentioned ; not less than 
two thirds of the whole Provincial Council shall make a quorum ; 
and that the consent and approbation of two thirds of such quorum 
shall be had in all such cases and matters of moment. And more- 
over, that in all cases and matters of lesser moment, twenty-four 
members of the said Provincial Council shall make a quorum, the 
majority of which twenty four shall and may always determine in 
such cases and causes of lesser moment. 

Sixth. That in this Provincial Council the governor or his 
deputy shall or may always preside, and have a treble voice; and 
the said Provincial Council shall always continue, and sit upon its 
own adjournments and committees. 

Seventh. That the governor and Provincial Council shall pre- 
pare and propose to the General Assembly hereafter mentioned, all 
bills, which they shall at any time think fit to be passed into laws 
within the said province; which bills shall be published and affixed 
to the most noted nlaces in the inhabited parts thereof thirty days 
before the meeting of the General Assembly, in order to the passing 
them into laws, or rejecting of them, as the General Assembly shall 
see meet. 

Eighth. That the governor and Provincial Council shall fake 
care that all laws, statutes and ordinances, which shall at any time 
be made within the said province, be duly and diligently executed. 

Ninth. That the governor and Provincial Council shall at all 
times have the care of the peace and safety of the province, and that 
nothing be by any person attempted to the subversion of this frame 
of goverment. 

Tenth. That the governor and Provincial Council shall at alt 
times settle and order the situation of all cities, ports and market 



XXVI INTRODUCTOUT 

towns in every county, modelling therein all public buildings, streets, 
and market places, and shall appoint all necessary roads and high- 
ways in the province. 

Eleventh. That ;the governor and Provincial Council shall at 
all times have power to inspect the management of the publick trea- 
sury, and punish those who shall convert any part thereof to anj 
other use, than what hath been agreed upon by the governor. Pro- 
vincial Council and General Assembly. 

Twelfth. That the governor and Provincial Council shall 
erect and order all publick schools, and encourage and reward the 
authors of useful sciences and laudable inventions in the said pro- 
vince. 

Thirteenth. Thai for the better management of the powers and 
trust afuresaid. the Provincial Council shall from time to time divide 
itself into four distinct and proper committees, for the more easy ad- 
ministration of the aflUirs of the pi evince, which divides the seventy- 
two into fjur eighteens, every one of which eighteens shall consist of 
six out of each of the three orders or yearly elections, each of which 
shall have a distinct portion of business, as followeth: first, a com- 
mittee of plantations, to situate anH settle cities, ports, market-towns 
and high- ways, and to hear and decide all suits and controversies re- 
lating to plantations. Secondly, a committee of justice and safety, to 
secure the peace of the province, and punish the male-administra- 
tion of those who subvert justice to the prejudice of the publick or 
private interest. Thirdly, a committee of tiade and treasury, who 
shall regulate all trade and commerce according to law, encourage 
manufacture and country growth, and defray the publick charge of 
the province. And fourthly, a committee of manners, education, 
and arts, that all wicked and scandalous living may be prevented, 
and that youth may be successively trained up in virtue and useful 
knowledge and arts: the quorum of each of which committees being 
six, that is, two out ot each of the three orders or yearly elections as 
aforesaid, making a constant and standing council of twenty-four, 
which will have the power of the Provincial Council, being the quo- 
rum of it, in all cases not excepted in the fifth article; and in the said 
committees and standing Council of the province, the governor or 
his deputy shall or may preside as aforesaid; and in the absence of 
the governor or his deputy, if no one is by eiiher of them appointed, 
the saidcommitiees or Counci', shall appoint a president for that time, 
and not otherwise; and what shall be resolved at such committees, 
shall be reported to the said Council of the province, and shall be by 
them resolved and confirmed before the sam.e shall be put in execu- 
tion; and that these respective committees shall not sil at one and the 
same tim.e, except iii cases of necessit)'. 

Fourteenth. And to the end that all laws prepared by the go- 
vernor and Provincial Council aforesaid, may yet have the more full 
concurrence of the freemen of the province, it is declared, granted, 
and confirmed, that at the time and place or places for the choice of 



DOCLMtNTS. XXVII 

a Provincial Council as aforesaid, tha said ffeemsa shall yearly choose 
members to serve in General Assembly as their rcpresent;itives, not 
exceeding two hundred persons, who shall yearly meet on the twenti- 
eth day oi'the second month, which shall be in the year one thousand 
six hundred eighty and three following, in the capital, town, or city 
of the said province, where during eight days the several members 
may freely cmifer u'ith one another; and, if any of them see meet, 
with a committee of the Provincial Council (consisting of Three out 
of each of the four committees aforesaid, being twelve in all) which 
shall 'be at that tiirie purposely appointed to receive from any of them 
proposals for the alteration or amendment of any of the said proposed 
and promulgated bills: and on the ninth day from their so meeting, 
the said General Assembly, after reading over the proposed bills by 
the clerk of the Provincia. Council, and the occasion and motives for 
them being opened by the governor or his deputy, shall give their 
affirmative or negative, which to them seemeth best, in such manner 
as hereinafter is expressed. But not less than two thirds shall make 
a quorum in the passing of laws, and choice of such officers as are 
by them to be chosen. 

Fifteenth. That the laws so prepared and proposed as aforesaid, 
that are assented to by the General Assembly, shall be enrolled as 
aws of the province, with this stile: B;/ the Governor, with the 
assent and opprohation of the freemen in Provincial Council and 
General .Mssemb/i/. 

Sixteenth. That for the better establishment, of the Government 
aaid laws, of th.is proyiijce, and to the end there may be an universal, 
satisfaction in the laying of the fundementals thereof; the General 
Assembly shall or may for the first year consist of all the freemen of 
and in the siid province, and ever after it shall be yearly chosen, as 
aforesaid; which number of two hundred shall be enlarged as the 
country shall increase in people, so as it do not exceed five hundred 
at any time: the appointment and proportioning of which, as also the 
laying and methodizinij of the choice of the Provincial Council and 
General Assembly in future times, most equally to the divisions of the 
hundreds and counties, which the country snail hereafter be divided 
into; shall be in the power of the Provincial Council to propose, and 
the General Assembly to resolve. 

Seventeenth. That the governor and the Provincial Council 
shall erect, from time to time, standing courts of justice in such 
places and number as they shall judge convenient for the good go- 
vernment of the said province. And that the Provincial Council 
shall, on the thirteenth day of tiie first month yearly, elect and pre- 
sent to the governor or his deputy, a double number of persons to 
serve for judges, treasurers, master of rolls, within the said province 
for the year next ensuing; and the freemen of the said province in 
the county courts, when they shall be erected, and (ill then in the 
General Assembly shall, on the three and twentieth day of the se- 
cond month yearly, elect and present to the governor or his deputy, 
a double number of p-jrsons to serve for sheriffs, justices of the 



XXVUI INTRODUCTORT 

peace, and coroners, for the year next ensuing; out of which re- 
spective elections and presentments, the governor or his deputy shall 
nominate and commissionate the proper number for each office the 
third day after the said presentments ; or else the first named in such 
presentment for each office, shall stand and serve for that office 
the year ensuing. 

Eighteenth. But forasmuch as the present condition of the 
province requires some immediate settlement, and admits not of so 
quick a revolution of officers; and to the end the said province may 
with all convenient speed be well ordered and settled, I William Penn 
do therefore think tit, to nominate and appoint such persons for 
judges, treasurers, masters of the rolls, sheriffs, justices of the 
peace, and coroners, as are most fitly qualified for those employ- 
ments ; to whom I shall make and grant commissiuns for the said 
offices respectively, to hold to them to whum the s;ime shall be 
granted, for so long time as every such person shall well behave 
iiimselfin the office or place to him respectively granted, and no 
longer. And upon the decease or displacing of any of the said offi- 
cers, the succeeding officer or officers shall be chosen as aforesaid. 

Nineteenth. That the General Assembly shall continue so long 
as may be needful to impeach criminals fit to be there impeached; 
to pass bills into laws, that they shall think fit to pass into laws, 
and till such time as the governor and Provincial Council shall de- 
clare, that they have nothing further to propose unto them for their 
assent and approbation; and that declaration shall be a dismiss to 
the General Assembly for that time, which General Assembly shall 
be notwithstanding capable of assembling together, upon the sum- 
mons of the Provincial Council, at any time during that year, if the 
».aid Provincial Council shall see occasion for their so assembling. 

Twentieth. That all the elections of members or representa- 
tives of the people, to serve in Provincial Council and General As- 
sembly, and all questions to be determinated by both or either of 
them, that relate to passing of bills into laws, to the choice of offi- 
cers, to impeachments made by the General Asseml)ly, and judgment 
of criminals upon such impeachments by the Provincial Council, and 
to all other c;(ses by them respectively judged of importance, shall be 
resolved and determined by the ballot; and, unless on sudden and 
indispensible occasions, no business in Provincial Council, or its re- 
spective committees, shall be finaly determined the same day that it 
is moved. 

Twenty-first. That at all times, when and so often as it shall 
happen, that the Governor shall or may be an infant, under the age 
of one and twenty yeirs, and no guardians or commissioners are 
appointed in writing by the father "of the said infant, or that such 
guardians or commissioners shall be deceased ; that during such 
minority, the Provincial Council shall, from time to time, as they 
-shall see meet, constitute and appoint guardians or commissioners, 
not exceeding three; one of which three shall preside as deputy and 



DOCUMENTS XXIX 

chref guardian, during such minority, and shall have and execute, 
with the consent of the other two, ail the power of a governor, in 
all the public aifairs and concerns of the said province. 

Twenty'second. That as often as any day of the month, men- 
tioned in an}- article of this charter, shall fall upon the first day of 
the week, commonly called the Lord's day, the business appointed 
for that day, shall be deferred till next day, unless in case of emer- 
gency. 

Twenty-third. That no act, law or ordinance whatsoever, shall 
at any time hereafter be made or done, by the governor of this pro- 
vince, his heirs or assigns, or by the freemen in the Provincial Council 
or the General Assembly, to alter; change or diminish the form or 
effect of this charter, or any part or clause thereof, without the con- 
sent of the governor, his heirs or assigns, and six parts of seven of 
the said freemen in Provincial Council, and General Assembly. 

And lastly. That I the said William Penn, for myself, my heirs, 
and assigns, have solemnly declared, granted and confirmed, and do 
hereby solemnly declare, grant and confirm, that neither I, my heirs 
nor assigns, shall procure or do any thing or things, whereby the 
liberties in this charter contained and expressed, shall be infringed 
or broken ; and if any thing be procured by any person or persons 
contrary to these premises, it shall be held of no force or effect. 
In Witness whereof, I the said William Penn have unto this present 
charter of liberties, set my hand and broad seal, this five and twen- 
tieth day of the second month, vulgarly called April, in the year 
of our Lord, one thousand six hundred and eighty-two. 

WILLIAM PENN. 



liAWS AGREEB UPOW IJi ENGLAND. 

First. That the charter of liberties, declared, granted and con- 
firmed, the five and twentieth day of the second month, cidled April, 
1682, before divers witnesses by William Penn, governor and chief 
proprietary of Pennsylvania, to all the freemen and phuilers of the 
said province, is hereby declared and approved, and shall be for ever 
held for fundamental, in the government thereof, according to the 
limitations mentioned in the said charter. 

Second. That every Inhabitant in the said province, that is or 
shall be a purchaser of one hundred acres of land or upwards, his 
heirs and assigns, and every person who shall have paid his passage, 
and taken up one hundred acres of land, at one penny an acre, and' 
have cultivated ten acres thereof, and every person that hath been » 
servant or bondsman, and is free by his service, that shall have ta- 
ken up his fifty acres of land, and cultivated twenty thereof, and 
■every inhabitant, artificer, or other resident in the said province, that 



XXX INTRODUCTORY 

pays scot and lot to the government, shall be deemed and accounted 
a freeman of the said province; and every such person shall and may 
be capable of electing or being elected representatives of the people 
in Provincial Council or General Assembly in the said province. 

Third. That all elections of members or representatives of the 
people and freemen of the province of Pennsylvania, to serve in 
Provincial Council or General Assembly, to be held within the said 
province, shall b3 free and voluntary: and that the elector that 
shall receive any reward or gift, in me.it, drink, monies or otherwise, 
shall forfeit his right to elect; and such person as shall, directly or 
indirectly, give, promise, or bestow any such reward as aforesaid, 
to be elected, shall forfeit his election, and be thereby incapablo to 
serve as aforesaid. And the Provincial Council and General x\ssem~ 
biy shall be the sole judges of the regularity or irregularity of the 
elections of their own respective members. 

Fourth. That no money or goods shall be raised upon, or paid 
by any of the people of this province^ by way of a publick tax, cus- 
tom or contribution, but by a law for that purpose made; and whoso- 
ever shall levy, collect or pay any money or goods contrary thei eun- 
to, shall be held a publick enemy to the province, and a betrayer of 
the liberties of the people thereof. 

Fifth. That all courts shall be open, and justice shall neither be 
sold denied or delayed. 

Sixth. That in all courts all persons of all persuasions may 
freely appear in their own way, and according to their own manner^ 
and there personally plead their own cause themselves, or if unable, 
by their friends. And the first process shall be the exhibition o( the 
complaint in court, fourteen days before the trial ; and that the party 
complained against may be fitted for the same,he or she shall be sum- 
moned no less than ten days before, and a copy of the complaint 
delivered him or her, at his or her dwelling house. But before the 
complaint of any person be received, he shall solemnly declare in 
court, that he believes in his concience his cause is just. 

Seventh. That all pleadings, processes and records in courts, 
shall be short, and in englishiand in an ordinary and plain charac- 
ter, that they may be understood, and justice speedily administered. 

Eighth. That all trials shall be by twelve men, and as near as 
may be, peers or equals, and of the neighborhood, and men without 
just exception. In cases of life, there shall be first twenty-four 
returned by the sheriff for a grand inquest, of whom twelve at least 
shall find the complaint to be true ; and then the twelve men, or 
peers, to be likewise returned by the sherifl^, shall have the final 
judgment. But reasonable challenges shall be always admitted 
against the said twelve men or any of them. 

Ninth. That all fees in all cases shall be moderate, and settled 
by the Provincial Council and General Assembly, and be hung up in 
a table in every respective court ; and whosoever shall be convicted 



DOCUMENTS. XXXI 

of taking more, shall pay twofold, and he dismissed his employment, 
one moiety of which shall go to the party wronged. 

Tenth. That all prisons shall be workhouses for felons, va- 
grants, and loose and idle persons ; whereof one shall be in every 
county. 

Eleventh. That all prisoners shall be bailable by sufficient sure- 
ties, unless for capital offences, where the proof is evident, or the 
presumption great. 

Twelfth. That all persons wrongfully imprisoned or prosecu- 
ted at law, shall have double damages against the informer or pro- 
secutor. 

Thirteenth. That all prisons shall be {tee, as to lees, food, 
and lodging. 

Fourteenth. That all lands and goods shall be liable to pay 
debts, except where there is legal issue, and then all the goods, and 
one third of the land only. 

Fifteenth. That all wills and writing attested by two witness- 
es, shall be of the same force, as to lands as other conveyances, 
being legally proved within forty days, either within or without the 
said province. 

Sixteenth. That seven years quiet possession shall give an un- 
questionable right, except in cases of infants, lunaticks, married 
women, or persons beyond the seas. 

Seventeenth. That all briberies and extortions whatsoever, shall 
be severely punished. 

Eighteenth. That all fines shall be moderate, and saving mens 
contenements, merchandize or wainage. 

Nineteenth. That all marriages (not forbidden by the law of 
God, as to nearness of blood and affinity by marriage) shall be en- 
couraged ; but the parents or guardians shall be first consulted, and 
the marriage shall be published before it be solemnized, and it shall 
be solemnized by taking one another as husband and wife, belore 
credible witnesses, and a certificate of the whole, under the hands of 
parties and witnesses, shall be brought to the proper register of that 
county, and shall be registered in his office. 

Twentieth. And to prevent frauds and vexatious suits within the 
said province, that all charters, gifts, grants, and conveyances of 
land, (except leases for a year or under) and all bills, bonds, and 
specialties have five pounds, and not under three months, made in the 
said province, shall be enrolled or registered inthepublick enrolment 
office of the said province within the space of two months next after 
the making thereof, else to be void in law. And all deeds, grants, 
and conveyances of land (except as aforesaid) within the said province, 
and made out of the said province, shall be inroUed or registered as 
aforesaid, within six months next after the making thereof, and sett- 
ling and constituting an enrolment office or registry within the said 
province, else to be void in law against all persons whatsoever. 

4 



XXXII INTHODUCTORT 

Twenty-first. That all defacers or corrupters of charters, gifts f 
grants, bonds, bills, wills, contracts and conveyances, or that shall 
deface or falsify any enrolment, registry or record within this pro- 
vince, shall make double satisfaction for the same ; half whereof 
shall go the party wronged, and Ihey shall be dismissed of all places 
of trust, and be publickly disgraced as false men. 

Twenty-second. That there shall be a register for births, marria- 
ges, burials, wills, and letters of administration, distinct from the 
other registry. 

Twenty-third. That there shall be a register for all servants, 
where their names, time, wages, and days of payment, shall be re- 
gistered. 

Twenty-fourth. That all lands and goods of felons shall be liable 
to make satisfaction to the party wronged twice the value : and for 
want of lands or goods, the felons shall be bond-men to work in the 
common prison or work-house, or otherwise, till the party injured b© 
satisfied. 

Twenty-'fiRlx. That the estates of capital offenders, as traitors and 
murderers, shall go one third to the next of kin to the sufferer, and 
the remainder to the next of kin to the criminal. 

Twenty-sixth. That all witnesses, coming or called to testify their 
knowledge in or to any matter or thing in any court, or before any 
lawful authority within the said province, shall there give or deliver 
in their evidence or testimony, by solemnly promising to speak the 
truth, the whole truth, and nothing but the truth, to the matter or 
thing in question. And in case any person so called to evidence, 
shall be convicted of wilful falsehood, such person shall suffer and 
undergo such damage or penally, as the person or persons against 
whom he or she bore false witness, did or should undergo; and shall 
also make satisfaction to the party wronged, and be publickly expo- 
sed as a false witness, never to be credited in any court, or before any 
magistrate, in the said province. 

'I'wenly-seventh. And to the end that all officers chosen to serve 
within this province, may with more care and diligence answer the 
u-ast reposed in them, it is agreed, that no such person shall enjoy 
mere than one publick office at one time. 

Twenty-eighth. That all children within this province of the age 
of twelve years, shall be taught some useful trade or skill, to the end 
none may be idle, but the poor may work to live, and the rich, if 
they become poor, may not want. 

Twenty-ninth. That servants be not kept longer than their 
time, and such as are careful, be both justly and kindly used in their 
service, and put in fitting equipage at the expiration thereof, accord- 
ing to custom. 

Thirtieth. That all scandalous and malicious reporters, backbiters, 
defamers and spreaders of false news, whether against magistrates 
or private persons, shall be accordingly severely punished, as ene", 
mies to thep?ace and concoi'd of this province. 



DOCUMENTS. 



Thirty-first. That for the encouragement of the planters and tra- 
icJers in this province, who arc incorporated into a society, the paten- 
granted to them by William Penn, Governor of the said province, is 
hereby ratified and confirmed. 

Thirtv-second. ♦*«*•* 



Thirty-third. That all factors or correspondents in the said prov- 
ince wronging their employers, shall make satisfaction, and one third 
over, to their said employers: and in case of the death of any such 
factor or correspondent, the committee of trade shall take care to 
secure so much of the deceased party's estate, as belongs to his said 
respective employers. 

Thirty-fourth. That all treasurers, judges, masters of the rolls, 
sheriffs, justices of the peace, and other officers and persons what- 
soever, relating to courts or trials of causes, or any other service in 
the government ; and all members elected to serve in provincial 
Council and General Assembly, and all that have right to elect such 
members, shall be such as profess faith in Jesus Christ, and that are 
not convicted of ill fame, or unsober and dishonest conversation, and 
that are of one and twenty years of age at least; and that all such so 
qualified, shall be capable of the said several employments and privi- 
leges as aforesaid. 

Thirty-fifth. That all persons living in this province, who con- 
fess and acknowledge the one almighty and eternal God, to be the 
creator, upholder and ruler of the v/orld, and that hold themelves 
obliged in concience to live peaceably and justly in civil society, shall 
in no ways be molested or prejudiced for their religious persuasion 
or practice in matters of faith and worship, nor shall they be com- 
pelled at any time to frequent or maintain any religious worship, 
place or ministry whatever. 

Thirty -sixth. That according to the good example of the primi- 
tive christians, and for the ease of the creation, every first day of the 
week, called the Lord's day, people shall abstain from their common 
daily labour, that they may the better dispose themselves to worship 
(4od according to their understandings. 

Thirty-seventh. That as careless and corrupt administration ofjus- 
ticedrau's the wrath of God upon magistrates,so thewildnessand loose- 
ness of the people provoke the indignation of God against a country : 
therefore, that all such ofTences against God, as swearing, cursinrr, 
lying, prophane talking, drunkenness, drinkir?g of healths, obscene 
words, incest, sodomy, rapes, whoredom, fornication, and other un- 
♦"leanness (not to be repeated.) All treasons, misprisions, murders, 
duels, felonies, seditions, maims, forcible entries, and other violences, 
to the persons and estates of the inhabitants within this province : 
all prizes, stage plays, cards, dice, may-games, masques, revels, 
bull-bailings, cock-fightings, bear-baitings and the like, which excite 
the people to rudeness, cruelty, looseness and irreligion, shall be 



XXXIV IlfTKODUCTORT 

respectively discouraged, and severely punished, according to the 
appointment of the governor and freemen in Provincial Council and 
General Assembly, as also all proceedings contrary to these laws, 
that are not here made expressly penal. 

Thirty-eighth. That a copy of these laws shall be hung up in the 
Provincial Council, and in publick courts of justice, and that they 
shall be read yearly, at the opening of every Provincial Council and 
General Assembly, and courts of justice, and their assent shall be 
testified by their standing up, after the reading thereof. 

Thirty-ninth. That there shall be at no time any alteration of any 
of these laws, without the consent of the governor, his heirs or as- 
signs, and six parts of seven of the freemen, met in Provincial Coun- 
cil and General Assembly. 

Fortieth. That all other matters and things not herein provided 
for, which shall and may concern the publick justice, peace or safety 
of the said province; and the raising and imposing taxes, customs, 
duties, or other charges whatsoever, shall be, and are hereby re- 
ferred to the order, prudence and determination of the governor and 
freemen in Provincial Council and General Assembly, to be held 
from time to time in the said province. 

Signed and sealed by the Governor and freemen aforesaid, the 
fifth day of the third month, called May, one thousand six 
hundred and eighty -two. 



No. VIII. 

THE FRAME OF THE GOVERWITIEIVT 

Of the Province of Pennsylvania and Territories thereunto 
annexed in America, 1683. 

To all persons to whom these presents may come : Whereas, 
king Charles the Second, by his letters patents, under the great Seal 
of England, bearing date the fourth day of March, in the thirty and 
third year of the king, for divers considerations therein mentioned, 
hath been graciously pleased to give and grant unto me, William 
Penn, (by the name of William Penn Esquire, son and heir of Sir 
William Penn, deceased,) and to my heirs and assigns for ever, all 
that tract of land or province called Pennsylvania, in America, with 
divers great powers, preheminencies, royalties, jurisdictions and au- 
thorities, necessary for the well being and government thereof. And 
whereas, the kings dearest brother James, duke of York and Albany, 
&C. , by his deeds of feoffment under his hand and seal, duly perfect- 
ed, bearing date the four and twentieth day of August, one thousand 
six hundred eighty and two, did grant unto me, my heirs and assigns, 
all that tract of land lying and being from twelve miles northward 
of Newcastle, upon Delaware river in America, to Cape Hinlopen 
upon the said river and bay of Delaware southward, together with 



DOCUMENTS. XXXV 

all royalties, franchises, duties, jurisdictions, liberties and privileges 
thereunto belonging. 

NOW KNOW YE, That for the well being and good government 
of the said Province and territories thereunto annexed, and for the 
encouragement of all the freemen and planters that may be therein 
concerned in pursuance of the rights and powers aforementioned, I 
the said William Penn, have declared, granted and confirmed, and 
by these presents for me, my heirs and assigns, do declare, grant 
and confirm unto all the freemen, planters and adventurers, of, in 
and to the said province and territories thereof, these liberties, fran- 
chises and properties, so far as in me lieth, to be held, enjoyed and 
kept by the freemen, planters and adventurers of, and in the said 
Province of Pennsylvania and territories thereunto annexed forever. 

Imprimis. That the government of this province and territories 
thereof, shall from time to time, according to tlie powers of the patent 
and deeds of feoffment aforesaid, consist of the Proprietary and Go- 
vernor and freemen of the said Province and territories thereof, in 
form of provincial Council and General Assembly, which provincial 
Council shall consist of eighteen persons, being three out of each 
county, and which Assembly shall consist of thirty six persons, being 
six out of each county, men of most note for their virtue, wisdom and 
ability, by whom all laws shall be made, officers chosen and public 
affairs transacted, as is hereafter limited and declared. 

Second. There being three persons already chosen for every 
respective county of this province and territories thereof, to serve in 
the provincial Council, one of them for three years ; one for two 
years, and one for one year ; and one of them to go off" yearly in 
every county ; that on the tenth day of the first month yearly for 
ever after, the freemen of the said province and territories thereof, 
shall meet together in the most convenient place in every county of 
this province and territories thereof, then and there to choose one 
person qualified as aforesaid in everj'^ county, being one third of the 
number to serve in provincial Council for three years ; it being in- 
tended that one third of the whole provincial Council, consisting and 
to consist of eighteen persons, falling off' yearly, it shall be yearly 
supplied with such yearly elections as aforesaid ; and that one person 
shall not continue in longer than three years; and in case anv 
njember shall decease before the last election during his time, that 
then at the next election ensuing his decease, another shall be chosen 
to supply his place lor the remaining time he was to have served, and 
no longer. 

Third. That after the first seven years every one of the said 
third parts that goeth yearly off*, shall be incapable of being chosen 
again for one whole year following; that so all that are capable and 
qualified as aforesaid, may be fitted for government and have a share 
of the care and burden of it. 

Fourth. That the provincial Council in all cases and matters of mo- 
ment, as their arguing upon bills to be passed into laws, or proceedings 

VOL. I. 



XXXVl iNTUODUCTOUr 

about erecting of courfs of justice, sitting in judgment upon criminais 
impeached, and choice of officers in such manner as is herein after 
expressed, not less than two thirds of the whole shall make a quorum, 
and that the consent and approbation of two thirds of that quorum 
shall be had in all such cases or matters of moment: and that in all 
cases and matters of lesser moment, one third of the whole shall 
make a quorum the majority of which shall and may always deter- 
mine in such cases and causes of lesser moment. 

Fifth. That the Governor and provincial Council shall have the 
power of preparing and proposing to the Assembly hereafter men- 
tioned, all bills which they shall see needful, and tiiat shall at any 
time be past into laws, within the said province an»l territories there- 
of, which bills shall be published and affixed to the most noted place, 
in every county of this province and territories thereof, twenty days 
before the meeting of the Assembly in order to passing them into 
laws. 

Sixth. That the Governor and provincial Council shall take 
care that all laws, statutes and ordinances, which shall at any time 
be made within the said, province and territories be duly and diligent- 
ly executed. 

Seventh. That the Governor and provincial Council shall at. 
all times have the care of the peace and safety of this province and 
territories thereof; and that nothing be by any person attempted to, 
the subversion of this frame of government. 

Eighth. That the Governor and provincial Council shall at al\ 
times settle and order the situation of all cities and market towns m 
every county, modelling therein all public buildings, streets and 
market places; and shall appoint all necessary roads and highways 
in this province and territories thereof. 

Ninth. That the Governor and provincial Council shall at aO 
tjmes have ppwer to inspect the management of the public treasury, 
and punish those who shall convert any part thereofto any other use 
than what hath been agreed upon by the Governor, provincial Coun- 
cil and Assembly. 

Tenth. That the Governor and provincial Council shall erect 
and order all public schools, and encourage and reward the authors 
of useful sciences and laudable inventions in the said province and 
lerritories thereof. 

Eleventh. That one third part of the provincial Council resi- 
ding with the Governor from time to time, shall with the Governor 
have the care of the management of public affiiirs relating to the 
peace, justice, treasury and improvement of the province and territo- 
ries and to the good education of youth, s,nd sobriety of the mannerss 
of the inhabitants therein as aforesaid. 

Twelfth. That the Governor or his Deputv shall always preside 
ifi the provincial Council, and that he shall at no time therein perform 
any public act of state, whatsoever, that shall or may relate unto the 



DOCUMENTS. XXXVII 

justice, trade, treasury or safety of the province and territories afore 
said, but by and with the advice and consent of the provincial Coun- 
cil thereof. 

Thirteenth. And to the end, that all bills prepared and agreed by 
the Governor and provincial Council as aforesaid, may yet have the 
more full concurrence of the freemen of the province and territories 
thereof, il is declared, granted and confirmed, that at the time and 
place in every county foi" the choice of one person, to serve in pro- 
vincial Council as aforesaid, the respective Members thereof, at their 
said meeting, shall yearly choose out of themselves six persons of 
most note fi)r virtue, wisdom and ability, to serve in Assembly as 
their representatives, who shall yearly meet on the tenth day of the 
third month, in the capital town or city of the said Province, unless 
the Governor and provincial Council shall think fit to appoint anoth- 
er place to meet in, where during eight days, the several members 
may confer freely with one another; and if any of them see meet, 
with a committee of the provincial Council, which shall be at that 
time purposely appointed, to receive from any of them proposals for 
the alterations or amendments of any of the said proposed and pro- 
mulgated bills, and on the ninth day from their so meeting, the said 
Assembly after their reading over the proposed bills, by the Clerk of 
the provincial Council, and the occasiuns and motives for them being' 
opened by the Governor or his Deputy, shall upon the question by 
him put, give their affirmative or negative, which to them seemeth. 
best in such manner as is hereafter expressed: but not less than two 
thirds shall make a quorum in the passing of all bills into laws, and 
choice of such officers as are by them to te chosen. 

Fourteenth. That the laws so prepared and proposed as afore- 
said, that are assented to by the Assembly, shall be enrolled as laws 
of this province and territories thereof, with this stile: By (he Gover- 
nor vjil k the assent and approbation of the freemen in y.rovincial 
Council and ^Qssemblymet^ and from henceforth the meetings, ses- 
sions, acts and proceedings of the Governor, provincial Council and 
Assembl}% shall be stiled and called: 'I lie meetings, sessions and 
proceidings of the General .fissnalilij of the Province of Pennsyl-. 
vania and the territories therevnto belonging. 

Fifteenth. And that the representatives of the people in provin- 
cial Council and Assembly, may in after ages bear some proportion 
with the increase and multiplying of the people, the number of such 
representatives of the people, may be from time increased and en-, 
larged, so as at no time the number exceed seventy-two for the pro- 
vincial Council, and two hundred for the Assembly; the appointment 
and proportion of which number, as also the laying and methodizing 
of the choice of such representatives in future time, most equally to 
the division of the country, or number of the inhabitants is leR to the 
Governor and provincial Council to propose, and the Assembly to 
resolve, so that the order of proportion be strictly observed, both in 
the choice of the Council and the respective committees thereof, viz: 
4(ne third to go off, and come in yearly. 



XXXVin INTRODUTORT 

Sixteenth. That from and after the death of this present Gover- 
vor, the provincial Council shall, together with the succeeding Go- 
vernor, erect from lime standing courts of justice, in such pla- 
ces and number as they shall judge convenient, for the good govern- 
ment of the said province and territories thereof; and that the provin- 
cial Council shall, on the thirteenth day of the second month then 
next ensuing, elect and present to the Governor or his deputy, a 
double number of persons to serve for judges, treasurers, and mas- 
ter of tlie rolls, within the said province and territories, to continue so 
long as Ihey shall well behave themselves in those capacities respec- 
tively; and the freemen of the said province in an Assembly met, on 
the thirteenth day of the third month, yearly shall elect and then 
present to the Governor or his deputy a double number of persons 
to serve for sherifs, justices of the peace and coroners for the year 
next ensuing, out of which respective elections and presentments the 
Governor or his deputy shall nominate and commissionate the pro- 
per number for each office, the third day after the said respective pre- 
sentments, or else the first named in such presentment, for each of- 
fice as aforesaid shall stand and serve in that office the time before 
respectively limited, and in case of death or default, such vacancy 
shall be supplied by the Governor and provincial Council in manner 
aforesaid. 

Seventeenth. That the Assembly shall continue so long as may 
be needful to impeach criminals, fit to be there impeached to pass 
such bills into laws as are proposed to them, which they shall think 
fit to pass into laws, and till such time as the Governor and provin- 
cial Council shall declare, that they have nothina; further to propose 
unto them for their assent and approbation, and that declaration shall 
be a dismiss to the Assembly for that time, which Assembly shall be 
notwithstanding, capable of assembling together upon the summons 
of the Governor, and provincial Council, at any time during that 
year, if the Governor and provincial Council shall see occasion for 
their so assembling. 

Eighteenth. That all the elections of members or representatives 
of the people, to serve in provincial Council and Assembly, and all 
questions to be determined by both or either of them, that relate to 
choice of officers and all, or any other personal matters, shall be re- 
solved or determined by the ballot, and all things relating to the pre- 
paring and passing of bills into laws, shall be openly declared and 
resolved by the vote. 

Nineteenth. That at all times when the proprietary and Govern- 
or shall happen to be an infant and under the age of one and twenty 
years, and no guardians or commissioners are appointed in writing, 
by the father of the said infant, or that such guardian shall be deceas- 
ed, that during such minority, the provincial Council shall from time 
to time, as they shall see meet, constitute and appoint guardians and 
commissioners not exceeding three; one of which shall preside as 
deputy and chief guardian during such minority, and shall have and 



DOCUMENTS. XXXIX 

execute with the consent of one of the other two, all the power of a 
riovernor in all public aft'airs and concerns of the said province and 
territories thereof, according to charter; which said guardian so ap- 
pointed, shall also have the care and oversight of the estate of the said 
minor and be yearly accountable and responsible for the same to the 
provincial Council, and the provincial Council to the minor when of 
age, or to the next heir, in ease of the minors death, for the trust 
before expressed. 

Twentieth. That as often as any days of the month mentioned 
in any article of this charter shall fall upon the first day of the week, 
commonly called the Lord's day, the business appointed for that day 
■shall be deferred until the next day, unless in cases of emergency. 

Twenty- first. And for the satisfaction and encouragement of 
all aliens, I do give and grant, that if any alien who is or shall be a 
purchaser, or who doth or shall inhabit in this province or territo- 
ries thereof, shall decease at any time before he can well be natural- 
ized, his right and interest therein shall notwithstanding descend to 
his wife and children, or other his relations be he testate or intestate, 
according to the laws of this province and territories thereof in such 
cases provided, in as free and ample manner to all intents and pur- 
poses as if the said alien had been naturalized. 

Twenty-second. And that the inhabitants of this province and 
territories thereof, may be accommodated with such food and suste- 
nance as God in his providence hath freely afforded. I do also 
further grant to the inhabitants of this province and territories there- 
of, liberty to fowl and hunt upon the lands they hold, and all other 
lands therein not inclosed : and to fish in all waters in the said 
lands, and in all rivers and rivulets, in and belonging to this pro- 
vince and territories thereof, with liberty to draw his or their fish oa, 
shore on any mans lands, so as it be not to the detriment or annoy- 
ance of the owner thereof, except such lands as do lie upon inland 
rivulets that are not boatable, on which are or may be hereafter erect- 
ed into manors. 

Twenty-third. And that all the inhabitants of this province and 
territories thereof, whether purchasers or others may have the last 
wordly pledge of my good and kind intentions to them and theirs, I 
do give, grant and confirm to all and every one of them, full and 
quiet possession of their respective lands, to which they have any 
lawful or equitable claim, saving only such rents and services for 
the same, as are or customarily ought to be reserved to me, my heirs 
or assigns. 

Twenty-fourth. That no act, law or ordinance whatsoever, shall 
at any time hereafter be made or done by the proprietary and Go- 
vernor of this province and territories thereunto belonging, his 
heirs or assigns, or by the freemen in provincial Council or 
Assembly, to alter, change or diminish the form or effect of this 
charter, or any part or clause thereof, contrary to the true intent 
and meaning thereof, without the consent of the proprietary and 



•JCL INfRODUCTORY 

Governor, his heirs or assigns, and six parts of seven of the sale? 
Ireemen in provincial Council and Assembly met. 

And lastly. 1 the snid William Penn, proprietary and Gover- 
nor of the province of Pennsylvania and territories thereunto 
belonging, for me, my heirs and assigns, have solemly declared, 
granted and confirmed, and do hereby solemnly declare, grant and 
confirm, that neither I, my heirs nor assigns, shall procure or do any 
thing or things whereby the liberties in this Charter contained and 
expressed, shall be infringed or broken, and if any thing be procured 
by any person or persons, contrary to these premises, it shall be held 
of no f^^rce or effect. In witness whereof, I, the said William Penn, 
at Philadelphia, in Pennsylvania, have unto this present charter of 
liberties, set my hand and broad seal, this second day of the second 
month, in the year of our Lord one thousand six hundred eighty and 
three, being the live and thirtieth year of the king and the third year 
«f my government. 

WILLIAM PENN. 

This within charter, which we have distinctly heiird read, and 
thMnkfuUy rpceived, shall be by us inviolably kept, at Philadelphia, 
the second day of the second month, one thousand six hundred eighty 
and three. 

The members of the Provincial Council present : 

William Markham, William Clark, 

John Moll, William Biles, 

William Haige, James Harrison, 

Christopher Taylor, John Richardson, 

John Sirrcock, Philip Thomas Lenmar, 
William Clayton, Seer. Gov. 

Francis Whitwell, Richard Ingelo, CI, Coun. 
Thomas Holme, 

The members of the Assembly present : 

Casparus Ilarman, Thomas Hassald, 

John Darby, John Hart, 

Eenjamin Williams, Robert Hall, 

William Guest. Robert Bedwell, 

Valentino Flollingsworth, William Simsmore, 

James Boyden, Samuel Harke, 

Bcnnony Bisliop, Robert Lucas, 

•John Beazor, James Williams, 

John Harding, John Blunston, 

Andrews Bringston, John Songhurst, 

Simon Irons, John Hill, 

John Wood, Nicholas Wain, 

John Curtis, Thomas Fitzwater, 

Daniel Brown, John Clows, 

William Futcher, Luke Watson, 



DOCUMEKTfl. XU 

John Kipshaven, Joseph Phipps, 

Alexander Molestine, Dennis Rotchford, 

Robert Bracy, Senior. John Brmklair, 

Thomas Bracy, Henry Bowman, 

William Yardly, Cornelius Verhoofe, 

John Hastings, John Southworth, CI. S;nod. 

Robert Wade, 

Some of the inhabitants of Philadelphia present: 

William Howell, Henry Lewis, 

Edmund Warner, Samuel Miles. 



No. IX. 

THE FRAME OF THE GOVER^VMEMT 

Of the Province of Pennsylvania and the territories thereunto bf 
longing, passed by Governor Markham, November!, 1696. 

Whereas, the late King Charles the Second, in the three and thir- 
tieth year of his reign, by letters patent under the great seal of Eng- 
land, did for the considerations therein mentioned, grant unto William 
Penn, his heirs and assigns for ever, this colony, or tiact of land, 
thereby erecting the same into a province called Pennsylvania, and 
constituting him the said William Penn, absolute proprietary thereof, 
vesting him, his deputies and lieutenants, with divers great powers, 
pre-eminencies, royalties, jurisdictions and authorities, necessary for 
the well-being and good government of the said province. And 
whereas, the late Duke of York and Albany, Sac, for valuable consi- 
derations, did grant unto the said William Penn, his heirs and 
assigns, all that tract of land, which hath been cast or divided into 
three counties, now called Newcastle, Kent and Sussex, together 
with all royalties, franchises, duties, jurisdictions, liberties and privi- 
leges thereunto belonging : which last mentioned tract being intended 
as a beneficial and requisite addition to tUe territory of the said pro- 
prietary and Governor, at the request of the freemen of the said three 
counties, by their deputies in Assembly mett, with therepiesentatives 
of the freemen of the said province at Chester, alias Upland, on the 
sixth day of the tenth month, 1682, did (with the advice and consent 
of the members of the said Assembly) enact, that the said thre© 
counties should be annexed to the province of Pennsylvania, as the 
proper territories thereof: and whereas, king William and the late 
queen Mary, over England, &c., by their letters patent and com- 
mission under the great seal of England, dated the twenty-first day 
of October, in the fourth year of their reign, having (for the reasons 
therein mentioned) taken the government of this said provinceand 
territories into their haiwls, and under their care and protection, did 



XLII iNTHoiDUCtont 

think fit to cort'?titute Benjamin Fletcher, Governor of New Yorkv 
to be their Captain General and Governor in Chief over this pro* 
vince and country. And whereas, also the said king and queen, 
afterwards by their letters patent, under the great seal of England, 
dated the twentieth day of August, in the sixth }ear of their reign, 
have thought fit upon the humble application of the said William 
Penn, to restore them to the administration of the government of the 
said province and ten itories, and that so much of their said com- 
mission, as did constitute the said l^enjamin Fletcher, their Captain 
General and Governor in Chief of the said province of Pennsylvania, 
country of Newcastle, and the territories and tracts of land depend- 
ing thereupon, in America, together with all the powers and autho- 
rities thereby granted, for the ruling and governing their said 
province and country, should from the publication of the said last 
recited letters patent cease, deteimine and become void, and accord- 
ingly the same are hereby declared void ; whereupon, the said 
William Penn, d d commissionate his kinsman William Markham, 
Governor under him, with directions to act according to the known 
laws and usages of this government. 

Now, forasmuch as the former frame of government, modelled by 
act of settlement and charter of liberties, is tiot deemed in all respects 
suitab'y accommodated to our present circumstances ; therefore it is 
unanimously desired, that it may be enacted, And be it enacted by 
the Governor aforesaid, with the advice and consent of the repre- 
sentatives of the freemen of the said province and territories in 
Assembly met, and by the authority of the same, that this govern- 
ment shall from lime to time consist of the Governor or his deputy 
or deputies, and the freemen of the said province and territories 
thereof, ia form of a Council and Assembly ; which Council and 
Assembly shall be men of most note for virtue, wisdom and ability ; 
and shall from and after the tenth day of the first month next, con- 
sist ot two persons out of each of the counties of this government, to 
serve as thf^ peoples representatives in Council ; and of four persons 
out of each of the said counties, to serve as their representatives in 
Assembly ; for the electing of which represenlatives, it shall and 
may be lawlil to, and for all the freemen of this province and terri- 
tories aforesaid, to meet together on the tenth day of the first month 
yearly hereafter, in the most convenient and usual place for election, 
within the respective counties, then and there to choose their said 
representatives as aforesaid, who shall meet on the tenth day of the 
third month, yearly, in the capital town of the said province, unless 
the Governor and Council shall think fit to appoint another place. 

And to the end, it may be known who those are in this province 
and territories, who ought to have right of or to be deemed freemen, 
to choose or be chosen to serve in Council and Assembly as 
aforesaid; Be it enacted by the authority aforesaid. That no inhabi- 
tant of this province or territories, shall have right of electing or 
being elected as aforesaid, unless they be free denizens of thie 



DOCUMENTS. XLIII 

government, and are of the age of twenty one years or upwards, 
and have fifty acres of land, ten acres whereof being seated and 
cleared, or be otherwise worth fifty pounds lawful money, of this 
government clear estate, and have been resident within this govern- 
ment for the space of two years next before such election. 

And whereas, divers persons within this government, cannot for 
conscience sake, take an oath upon any account whatsoever ; Be it 
therefore enacted, by the authority aforesaid, That all and every such 
person and persons, being at any time hereafter required upon any 
lawful occasion to give evidence, or take an oath, in any case what- 
soever, shall, instead of swearing, be permitted to make his or their 
solemn affirmation, attest or declaration, which shall be adjudged, 
and is hereby enacted and declared to be of the same force and 
effect to all intents and purposes whatsoever, as if they had taken an 
oath, and in case any such person or persons shall be lawfully con- 
victed of having wilfully and corruptly affirmed or declared, any 
matter or thing, upon such solemn affirmation or attest, shall incur 
the same penalties and forfeitures, as by the laws and statutes of 
England are provided against persons convicted of wilful and corrupt 
perjury. 

And be it further enacted by the authority aforesaid. That all per- 
sons who shall be hereafter, either elected to serve in Council and 
Assembly, or commissionated or appointed to be Judges, Justices, 
Masters of the Rolls, Sheriffs, Coroners, and all other officers of 
state and trust, within this government, who shall conscientiously 
scruple to take an oath, but when lawfully required, will make and 
subscribe the declaration and profession of their Christian belief, 
according to the late act of parliament, made in the first year of 
King William, and the late queen Mary, entitled. An act for exempt- 
ing their majesties Protestant subjects, dissenting from the Church of 
England, from the penalty of certain laws, shall be adjudged, and 
are hereby declared to be qualified to act in their said respective offices 
and places, and thereupon, the several officers herein mentioned, 
shall instead of an oath, make their solemn affirmation or declara- 
tion, in manner and form following, that is to say : 

The form of Judges and Justices, attest shall be in these words, 
viz: 

Thou shalt solemnly promise that as Judge, or Justice, according 
to the Governors commission to thee directed, thou slult do equal 
right to the poor and rich, to the best of thy knowledge and power, 
according to law, and after the usages and constitutions of this go- 
vernment, thou shalt not be of council of any matter or cause 
depending before thee, but shall well and truly do thy office in every 
respect, according to the best of thy understanding. 

The form of the attests to be taken by the Masters of the Rolls, 
Secretaries, Clerks and such like officers, shall be thus, viz : 



XLIV INTRODUCTORY 

Thou shalt well and faithfully execute the office of, &c., accord- 
ing to the best of the skill and knowledge ; taking such fees only, as 
thou oughtest to receive by the laws of this government. 

The form of the Sheriffs and Coroners attest, shall be in these 
words, viz : 

Thou shalt solemnly promise, that thou wilt well and truly serve 
the King and Governor, in the office of the Sheriff, (or Coroner) of 
the county of &c., and preserve the King and Governors rights, as 
far forth as thou canst, or mayest ; thou shalt truly serve and 
return, all the writs and precepts to the directed ; thou shalt take 
no bailiff nor deputy, but such as thou wilt answer for; thou shall 
receive no writs, except from such Judges and Justices who by the 
Laws of this government, have authority to issue and- direct writs 
unto thee ; and thou shalt diligently and truly do and accomplish all 
things nppertaining to thy office, after the best of thy wit and power, 
both for the King and Governor's profit, and good of the inhabitants 
within the said county, taking such fees only as thou oughtest to 
take by the laws of this goveri.ment and not otherwise. 
The form of a Constable's attest shall be this, viz : 
Thou shalt solemnly promise well and duly, according to the best 
of thy understanding, to execute the office of a Constable for the 
town (or county) of P., for this ensuing year, or until another be 
attested in thy room, or thou shalt be legally discharged thereof. 

The form of the Grand Inquests attests shall be in these words, 
viz : 

Thou shalt diligently enquire, and true presentment make of all 
such matters and things as shall be given thee in charge, or come 
to thy knowledge, touching this present service, the Kings counsel, 
thy fellows and thy own, thou shalt keep secret, and in all things 
thou shalt present the truth, and nothing but the truth, to the best of 
thy knowledge. 

This being given to the Foremen, the rest of the Inquest shall be 
attested thus, by three at a time, viz : 

The same attestation that your foreman hath taken on his part, 
you will well and truly keep on your parts. 

The form of the attest to be given to the Traverse Jury, by four 
at a time, shall be thus, viz : 

You solemnly promise that you will well and truly try the issue 
of traverse, between the Lord, the King, and A. B., whom you have 
m charge, according to your evidence. 
In civil causes thus, viz : 

You solemnly promise that you will well and truly try the issue- 
between A. B. plaintiff, and C. D. defendant, according to your evi- 
dence. 

Provided always, and it is hereby intended, that no person shall be 
by this act excused from swearing, who by the acts of parliament 
for trade and navigation, arc or shall be required to take an oath. 



DOCUMENTS. XLV 

And that elections may not be corruptly managed, on which the 
good of the government so much depends,- Be it further enacted, by 
the authority aforesaid, That all elections of the said representatives 
shall be free and voluntary, and that the electors who shall receive 
any reward or gift for giving his vote, shall forfeit his right to elect 
for that year; and such person or persons, as shall give or promise' 
any such reward to be elected, or that shall offer to serve for nothing , 
or for less wages than the law prescribes, shall be thereby renderec' 
incapable to serve in Council or Assembly for that year ; and the 
representatives so chosen, either for Council or Assembly, shall yield 
their attendance accordingly, and be the sole judges of the regularity 
or irregularity of the elections of their respective members ; and if 
any person or persons, chosen to serve . in Council or Assembly, 
shall be wilfully absent from the service, he or they are so chosen to 
attend, or be deceased, or rendered incapable then, and in all such 
cases, it shall be lawful for the Governor within ten days after 
knowledge of the same, to issue forth a writ to the Sheritf of the 
county, for which the said person or persons, were chosen, imme- 
diately to summons the freemen of the same to elect another member 
in the room of such absent, deceased, or incapable person or persons; 
and incase any Sheriff shall misbehave himself in the management 
of any of the said elections, he shall be punished accordingly, at 
the discretion of the Governour and Council, for the time being. 

Be it further enacted, by the authority aforesaid, That every mem- 
ber now chosen, or hereafter to be chosen, by the freemen as afore- 
said, to serve in Council, and the Speaker of the Assembly, shall be 
allowed five shillings by the day during his and their attendance; 
and every member of Assembly shall be allowed four shillings by the 
day, during his attendance on the service of the Assembly; and that 
every Member of Council and Assembly shall be allowed towards 
their travelling charges, after the rate of two pence each mile, both 
going to and coming from the place where the Council and Assembly 
is, or shall be held; all which sums shall be paid yearly out of the 
county levies, by the county receivers respectively. 

And be it further enacted by the authority aforesaid, That the 
Governor or his Deputy shall always preside in the Council, and 
that he sh;ill at no time perform any public act of state whatsoever, 
that shall or may relate unto the justice, treasury or trade of the pro- 
vince and territories, but by and with the advice and consent of the 
Council thereof, or major part of them that shall be present. 

And be it further enacted, by the authority aforesaid, That all the 
Sheriffs and Clerks of the respective counties of the said province 
and territories, who are, or shall be commissionated, shall give good 
and sufficient security to the Governor, for answering the King and 
his people, in matters relating to the said offices respectively. 

And be it further enacted, by the authority aforesaid, That the 
Council in all cases and matters of moment, as about erecting courts 
of justice, sitting in judgement upon oersons impeached, and upon 



LXVI INTRODUCTORV 

bills and other matters, that may be from time to time presented by 
the Assembly; not less than two thirds shall make a quorum, and 
that the consent and approbation of the majority of that quorum, shall 
be had in all such cases and matters of moment, and that in cases ol' 
less moment, not less than one third of the whole shall make a quo- 
rum; the majority of which shall and may always determine in all 
such matters of lesser moment, as are not above specified; and in 
case the Governors power shall hereafter happen to be in the Coun- 
cil, a President shall then be chosen out of themselves, by two thirds 
or the major part of them, which President shall therein preside. 

Be it further enacted, by the authority aforesaid, That the Gover- 
nor and Council shall take care that all the laws, statutes and ordi- 
nances, which shall at any time be made within the said province 
and territories, be duly and diligently executed. 

Be it further enacted, by the authority aforesaid. That the Gover- 
nor and Council shall at all times have the care of the peace of this 
province and territories thereof, and that nothing be by any persons 
attempted to the subversion of this frame of government. 

And be it further enacted by the authority aforesaid, That the 
Governor and Council, for the time being shallat all times settle and 
order the situation of all cities and market towns, modelling therein 
all public buildings, streets and market places; and shall appoint all 
public landing places of the towns of this province and territories; 
and if any mans property shall be judged by the Governor and 
Council, to be commodious for such landing place in the said towns, 
and that the same be by them appointed as such, that the owner shall 
have such reasonable satisfaction given him for the same, as the Go- 
vernor and Council shall see meet, to be paid by the said respective 
towns. 

lie it further enacted, by the authority aforesaid, That the Go- 
vernor and Gouncil shall at all times have power to inspect the man- 
agement of the public treasury, and punish those who shall convert 
any part thereof to any other use tlian what hath been agreed upon by 
the Governor, Council and Assembly. 

Be it further enacted, by the authority aforesaid. That the Go- 
vernor and Council shall erect, and order all public houses, and en- 
courage and reward the authors of useful sciences and laudable in- 
ventions in the said province and territories thereof. 

And be it further enacted, by the authority aforesaid, That the 
Governor and Council shall from time to time have the care of the 
management of all public affairs, relating to the peace, safety, justice, 
treasury, trade and improvement of the province and territories, and 
to the good education of youth, and sobriety of the manners of the 
inhabiiants therein, as aforesaid. 

And be it further enacted by the authority aforesaid. That the rep- 
resentatives of the freemen, when met in Assembly, shall have pow- 
er to prepare and propose to the Governor and Council, all such bills 



DOCUMENTS. LXVII 

as they or the major part of them shall at anytime sec needful to be 
passed into laws, within the said province and territories. 

Provided always that nothing herein contained shall debar the 
Governor and Council from recommending to the Assembly, all such 
bills as they shall think fit to be passed into laws; and that the Coun- 
cil and Assembly may, upon occasion, confer together in committees 
when desired; all which proposed and prepared bills, or such of them 
as the Governor with the advice of the Council shall in open Assem- 
bly declare his assent unio, shall be the laws of this province and 
territories thereof, and published accordingly with this stile: By the 
Governor, with the assent and approbation of the freemen in 
General ,/issembli) met ; a true transcript or duplicate whereof shall 
be transmitted to the kings privy council for the time being, according 
to the said late kings letters patent. 

And be it further enacted, by the authority aforesaid, That the 
Assembly shall sit upon their own adjournments, and committees, and 
eontinue in order to prepare and propose bills, redress grievances, and 
impeach criminals, or such persons as they shall think fit to be there 
impeached, until the Governor and Council for the time being shall 
dismiss them; which Assembly shall notwithstanding such dismiss, 
be capable of assembling together upon the summons of the Gover- 
nor and Council, at any time during that year; two thirds of which 
Assembly, in all cases, shall make a quorum. 

And be it enacted, by the authority aforesaid, That all elections of 
representatives, for Council and Assembly, and all questions to be de- 
termined by them, shall be by the major part of votes. 

Be it further enacted, by the authority aforesaid, That as oft as any 
day* of the month mentioned in any article of this act, shall fall upon 
the first day of the week, comoionly called the Lords day, the busi- 
ness appointed for that day, shall be deferred till the next day, unless 
in cases of emergency. 

Be it further enacted, by the authority aforesaid, That if any alien, 
who is or shall be a purchaser of lands, or who doth, or shall inhabit 
in this province, or territories thereof, shall decease at any time before 
he can well be denizised, his right and interest therein shall, notwith- 
standing, descend to his wife and children, or other his relations, bo 
he testate or intestate, according to the laws of this province and ter- 
ritories thereof, in such cases provided, in as free and ample manner, 
to all intents and purposes, as if the said alien had been denizised. 

And that the people may be accommodated with such food and 
sustenance, as God in his providence hath freely afforded; Be it en- 
acted, by the authority aforesaid. That the inhabitants of this province 
and territories thereof, shall have liberty to fish and hunt upon the 
lands they hold, or all other lands therein, not enclosed, and to fish in 
all waters in the said lands, and in all rivers and rivulets, in and be- 
longing to this province and territories thereof, with liberty to draw his 
or their fish upon any mans land, so as it be not to the detriment or 
annoyance of the owner thereof, except such lands as do lie upon in- 



XLVIII INTRODUCTORY 

hind rivulets, that are not boatable, or which hereafter may be erecteil 
into manors. 

Be it further enacted, by the authority aforesaid, That all inhabi- 
tants of this province and territories, whether purchasers or others, 
and every one of them shall have full and quiet enjoyment of their 
respective lands and tenements, to which they have any lawful or 
equitable claim, saving only such rents and services for the same, as 
are or customarily ought to be reserved to the lord or lords of the fee 
thereof respectively. 

Be it further enacted, by the authority aforesaid, That no act, law , 
or ordinance whatsoever, shall at any time hereafter, be made or 
done by the Governor of this province and territories thereunto bo- 
longing, or by the freemen in Council or Assembly, to alter, change 
or diminish the form and effect of this act, or any part or clause there- 
of, contrary to the true intent and meaning thereof, without the 
consent of the Governor, for the time being; and six parts of seven 
of the said freemen in Council and Assembly met. This act to con- 
tinue and be in force, until the said Proprietary shall signify his 
pleasure to the contrary, by some instrument under his hand and seal 
in that behalf. 

Provided always, and it is hereby enacted. That neither this act, 
Jior any other act or acts whatsoever, shall preclude or debar the 
inhabitants of this province and territories, from claiming, having and 
enjoying, any of the rights, privileges and immunities, which the 
said Proprietary for himself, his heirs and assigns, did formerly 
grant, or which ot right belong unto them the said inhabitants by 
virtue of any law, charter or grants whatsoever, any thing herein 
contained to the contrary, notwithstanding. 



The originals of the following named documents are not in the 
office of the Secretary of the Commonwealth, viz: 

Certain conditions and concessions agreed upon by William Penn 
and the first adventurers and purchasers in Pennsylvania. 

The Frame of the Government of the Province of Pennsylvania, 
together with certain laws agreed upon in England. 
The Frame of Government granted in 1683. 
The Frame of government passed by William Markham in 1696' 



lOVRNAL. 

OF THE 

COUNCELL OF THE PROVINCE OF PENSILVANIA, 

AND 

TERRITORIES THERE -UNTO BELONGING. 



Att a counceil held alt Philadelphia the 10* of the iirst* Month, 
iG82-3. 

present: 
Wm. PENN, Proprietery and Governer of Pensilvania, and terri- 
tories annexed, 
('apt. Wm. Markham, Wm. Haigee, Edm"* Canholi, 

Christo. Taylor, Jno. Moll, Wm. Clayton, 

Thomas Holmes, Ralph Withers Wm. Biles, 

Lasse Cock Jno. Simcox, James Harison, 

Wm. Clarke, ffrancis Whitwell, Jno. Richardson. 

]no. Hilliard, 

Then ihe Sherifs of each County were called in, viz': 

iTor the county of Philadelphia, John Tost, 

ftbr the county of Chester, Thomas Usher. 

ffor the county of Bucks, Richard Noble. 

fFor the county of New Castle, Edm'^ Canholi. 

ffor the county of Kent, Peter Bawcomb. 

ffor the county of Sussex, John Vines. 

The Governer ordered that one speak at a time, standing up, w'*" 
his face to the chair. 

A debate being about the balloting box, thcquestion was putt whet 1\- 
«r the Ballot should be used in all cases? Past in y* negative. 

The Question being putt whether they would have the ballot in all 
personall matters 1 resolved in the affirmative. 



*By the 41st Chapter of the acts of the first General Assembly of 
Pennsylvania, passed December 7th, 1682, it will appear that the 
first settlers of this state began the year on the first of March. Th(! 
following is an accurate copy of the chapter referred to : 

And bee it Enacted by the Authority aforcs"* that y^ days of y" 
week & y" months of y" year. Shall be called as in Scripture, & not 
by Heathen names, (as are vulgarly used,) as y" first. Second & 
Third daies of y*^ week, and first Second & Third months of y' year, 
begining with y" day called Sunday, & y^ month called March. 



2 MINUTES OF THE 

The Question being putt whether all Bills should be past into ihc 
Laws by Vote, resolved in the affirmative. 

The Returns of the Sherifs being read, v;* the Pctieons and Ad- 
dresses of the ffreemen to the Governer, and finding therein that the 
People have amply vested their 12 Deligates out of each county w* 
power to act as the Provinciall Councelours & Generall Assembly, 
and it being proposed to the elected members aforesaid if they were 
chosen to serve in both those capacities, they answered they were: 
That is to say, three of each Twelve for the Provinciall Councill, and 
the remaining Nine of each Twelve to constitute the Generall Assem- 
bly, according to the returnes. 

After the reading of the Returnes & Petieons, the Charter of Lib- 
erties was read. 

W* requiring a greater number then was chose to serve in Pro- 
vinciall Councill & Generall Assembly, yet left to be explained and 
confirmed by the Governer, his heirs and assigns, and the Freemen of 
this Province and Territories in Provincall Councill and Assembly 
jnett, the Deputies of the fli'cemcn in Prov" Councell and Assem- 
bly do think the reason alladged in the Sherifs Returnes & Petieons 
of the ffreemen for not Chuseing more than 12 to serve in Prov" Coun- 
cill and General Assembly, are sufficient, and that the seventy two 
now chosen & returned have in them the Power of the whole Free- 
men of this Province and Territories thereunto belonging, and so capa- 
ble of serving as a provinciall councill & Genrall Assembly. A mem- 
l)er moving that the Govern' may be desired that this alteration may not 
liinder y'' people from the benefit of this Charter, because it seem-* 
ihereby to be returned to him again by not being accepted as largely 
as Granted. The Govern'"' answered, they might amend, alter, or 
add for the Publick good, and that he was ready to Settle such Foun- 
dations as might be for their happiness and the good of their Posteri- 
ties, according to y^ powers vested in him. The Numbers to be in- 
creased by the Govern"' & Councill, Freemen in Prov" Councill and 
Assembly mett. 

Vpon the whole matter the A^-'^'"mbly went to chuse a Speaker. 

Adjourned till y"-" 12* 1^' Mo. 13. 



Att a Councill held at Philadelphia the 12'-^ of y" T' Mo. 1683. 

PRESENT : 

Wji. PENN, Prop'"y & Govern' of Pensilvania & Counties annexed. 

(^apt. Wm. Markham, Jno. Moll, Wm. Clarke, 

Christo. Taylor, l^dm'' Cantwell, Fran. Whitweli, 

(^apt. Tho. Holmes, Wm. Clayton, Jno. Richardson, 

Jno. Simcox, Wm. Biles, Jno. Hilliard, 

'iasse Cock, . Jam. Harrison, Ralph Withers. 

.Vm. Ilaigee, 

It being reported to the Govern"' & Councill by several members of 
■.t, that Nichola.s Moore, President to y' society of free Traders in 



PROVINCIAL COUNCIL. 3 

this province, took occasion in company in a publick house, to vtter 
those words ag' the Proceedings of the Govern', Prov" Councill cV. 
Assembly, as that they have this day broken the Charter, & there- 
fore all that you do will come to Nothing, & that hundreds in Eng- 
land will curse you for what you have done, & their children after 
them, and that you may hereafter be impeacht for Treason for what 
you do: Whereupon, the Govern'' and Councill did order that Nicho- 
las Moore should appeare before them. He accordingly did appeare, & 
being charg'd with such Discourse, said that he spoke rather by Query 
then assertion, and if he had said as it was represented, he had been 
too blame indeed, but he said that he spake not w* such an Intent ; 
however, his Discourse being unreasonable and imprudent, he was 
exhorted to prevent the like for the future. 
Adjourned till 13* P' Mo., 83. 



Att a Council held att Philadelphia, y^^ IS'^'of y= 1" Mo. 1683. 
present: 
Wm. PENN, prop'y & Govern' of Pennsylvania & County' an- 
nexed. 
Capt. Wm. Markham, James Plarrison, John Simcox, 
Capt. Thomas Holmes, Jno. Halliard, John Moll, 

Wm. Clarke, W^m. Clayton, John Richardson, 

Wm. Haige, Wm. Biles, Francis Whitwell, 

Christo. Taylor, Edm"* Cantwell, Lasse Cock, 

Wn:. Haige desiring leave to be absent this Day, it was granted him. 
Thomas Wynn, Speaker, accompanied w'^ Thomas Bracey & Wm. 
Yardley, members of y^ Assembly, came in y^ name of the whole 
Assembly, to desire a conference with y" Govern'', which the Govcr- 
nourand Councill yields to. 

The Result was Viz': 
That Twelve makes a Quorum in all businesses relating to the for- 
mer part of the fifth and Sixth articles of the Charter relating to the 
latter part of the same Article. That during the present infancy of 
things, that the business of four comittees in the 13"' Article, be 
performed by the Councill for the time being, in such way and man- 
ner as their numbers will give leave. Whereas, it is said in the 7*^ 
Article of the Charter, that the Govern'' and prov" Councill shall pre- 
pare & propose to the Gen" Assembly all bills that they shall at any- 
time think fitt to be past into Laws within y'^ said province & Terri- 
tories; It be added, provided they arc not inconsistent with the powers 
granted by the King's Letters Patient's. 

Adjourned till 14"^ P' Mo., 83. 



4 MINUTES OF THE 

AM a Councill held at Philadelphia y" 14"^ of y"^ T' Mo., 168S. 
present: 
Wm. PENNj prop"y and Govern'' of Pensilvania & countys annexed- 
('apt. Wm. Markham, Wm. Clayton, Fran. Whitwell, 

(vapt. Thorn: Holmes, Jno. Simcox, Jno. Moll, 

Christ : Taylor, Ralph Withers, Jno. Richardson, 

Jam: Harrison, Wm. Haigc, Jno. Hilliard, 

Lasse Cock, Wm. Biles, Wm. Clarke. 

Edm^ Cantwell, 

The Prov" Councill resolved into a Grand Comittee, whilst y" 
Gov' retired vpon urgent business. Capt. Wm. Markham, Chair- 
man: they rec"" & read sevrall petieons, but referred their answer to 
y'^^Councill. 

Adjourned till two of the Clock in the afternoon. 

POST MERIDIEM. 

A Petieon of Peter Isgoe and Abraham Mann read, was referred 
to the County Court. 

The Petieon of Geo: Oldfield & his wife read and referred to the 
('ounty Court, where the Land meneoned in the Pat: lyes. 

The Petieon of Abraham Mann, John Tost & Jno. Vines, Sherifs, 
about Establishment for their fees, was read, & Ordered that a Table 
of Fees should be forthwith established. 

The Petieon of John Day read, and will be considered amongst other 
things. 

The Petieon of the Inhabitants of Duck Creek, about the Cutting 
of the way through the Marsh for Vessels to pass, was referred to 
tlie County Court in which the same doth lye. 

Adjourned till 15*" 1^' Mo., 83, 



Att a, Councill held att Philadelphia, y^ 15'" of y'' 1^ Mo., 168.3. 

PRESENT : 

Wm. PENN, Prop'y & Govern'' of Pensilvania & Countys annexed. 
Capt. Wm. Markham, Jno. Simcox, Wm. Clark, 

Capt. Tho. Holmes, Jam: Harison, Jno. Moll, 

Capt. Edm'' Cantwell, Jno. Hilliard, Wm. Clayton, 

Ralph Withers, Jno. Richardson, Francis Whitwell. 

(^hristo. Taylor, 

Ordered that John Richardson pay five shillings for being disor- 
ed in Drink, and be reproved. 

The Question being putt whether the Govern'' should have power to 
Secure himself, his heirs and Assign^, It was resolved in the Affirma- 
tive. 

The Question being putt whether two of y' members of this Coun- 
cill should go to y° house of Assembly to have a Conference about it. 
resolved in the affirmative. 



PROVINCIAL COUNCIL. 5 

A Conference was held w"* the assembly &. they withdrew to con- 
sider of it, and Returned this answer by the Sneaker. 

And John Cann that the Assembly have Nemine Contradicente 
agreed that all Laws Should be prepared & proposed by the Govern'' 
6c Councill. 

Adjourned till three of the Clock in the afternoon. 

POST MERIDIEM. 

The Governour yet again offering that if they had any other Ex- 
pedient yet to offer or propose, they might, though they had agreed 
to it in the morning, and after some consideraeon it was putt to yo 
Question whether an Other Expedient could be found out more seaf 
to the Govern'' & people ; past in the negative. It was resolved (none 
dissenting) that the words Jointly assenting should be added to that 
part of the bill relating to the article of the charter. 

Thomas Pearce's Petieon concerning a Sloope he bought for the 
service of the Society was read, and his allegation not being proved, 
the matter fell. 

Adjourned untill y^ 16* of y' V Mo., 83. 



At a Councill held at Philadelphia y' 16'" of y' 1" Mo., 1683. 
present: 
Wm. PENN, Prop"y and Govern' of Pensilvania & Countys An 

nexed. 
Capt. Wm. Markham, Jno. Moll, ffran. Whitwell, 

Christo. Taylor, Edm'^ Cantwell, Jno. Hilliard, 

Jam; Harrison, Wm. Biles, Jno. Richardson, 

Wm. Clarke, Wm. Clayton, Wm. Maige, 

John Simcox, Ralph Withers, Lasse Cock. 

A Letter rec'^ from Nicholas Moore, President of the Society, to ye 
Gov', Desiring that tlie Law ag' Fornication might, be explained not 
to extend to Serv'', because the present penalty would be to the Mas- 
ter & Mrs., wherefore prayed some severe punishment may be Enact- 
ed more consistent w* the Mr. & Mrs. Interest. 

These Bills were prepared and drawn up to pass into Laws : 

A Bill for planting fllax and hemp. 

A bill for building a house of Correction in each County, 24 foot 
by 16. 

A bill to hinder the Selling of Serv" into other provinces, and to 
prevent Runaways. 

A bill about Passes. 

A bill about burning woods and Marshes. 

A bill to have Cattell marked & to Erect Bounds. 

A bill about Fencino-. 

Three Comittees appointed to prepare bills for the Councill. 



6 MINUTES OF THE 

Capt. Wm. Markham, Francis Whitweil, 

Jno. Simcox, John Halliard,., 

Wm. Clarke. 
The paper of Proposalls from Kent County Comitted to them to 
putf into a Bill or bills. 

James Harrison, John Moll, 

Christo: Taylor, Ralph Withers, 

Edmund Cantwell. 

To whom it is referred to prepare bills about Prisons, Sowing of 
Iiemp and Flax, Runaways, Passes, Selling of Serv'' into other pro- 
vinces, for Destroying Wolves, To raise Money, & a bill for Hogg 
stealers. 

Wni. Clayton, Wm. Biles, Thomas Holmes, 

Wm. Haige, Jno. Richardson, Lasse Cock. 

To whom is refered the burning of Avoods and Marshes, to have 
Chattell marked. To erect Bounds of ffences. 

Adjourned till 17'" 1 Mo., 1683. 



At a Councill held at Philadelphia y-^ 17'" of y^ 1^' Mo., 1683., 

PRESENT : 

Wm. FENN, prop^'y and Govern'' of Pensilvania and Countys An- 
nexed. 
Capt. Wm. Markham, Capt. Lasse Cock, Jno. Moll, 
Wm. Haige, Fran. Whitweil, Jam. Harison, 

Wm. Biles, Christ: Taylor, Jno. Hilliard, 

Wm. Clayton, Jno. Simcox, John Richardson.. 

Capt. Tho: Holmes, 

The Comittees presented several bills to the Councill, and adjourn- 
ed til! Tlireo of y*" Clock in the afternoon. 

POST MERIDIEM. 

"^rhe Speaker and the whole House of Assembly attended the Gov"'' 
and Councill w"' a Bill of Settlement, acquainting them that he was 
comanded by the whole house to let them know they had past the- 
bill w"' one Consent. 

Adjourned till 19'" of 1'' Mo., 83. 



At a Councill held at Philadelphia y^ 19'" of 1* Mo., 1683. 

present: 
Wii. PENN, prop'^'y and Govern"' of Pensilvania & Countys annexed, 

('apt. Wm. Markham, Wm. Biles, Jno. Richardson, 

Capt. Tho. Holmes, Wm. Clayton, Wm. Clarke, 

Jno. Simcox, Fran. Whitweil, Lasse Cock, 

Jam. Harison, Jno. Hilliard, Jno. Moll. 

FAm^ Cantwell, Wm. Haige, 



PROVINCIAL COUNCIL. 7 

The Speaker with clivers Members came, w"" the bill of Settlement 
and divers amendments, w''' were yielded to by the Govern' &Councell. 

Several Bills relating to Carried by order of Councell to the As- 
sembly by Wm. Clarke and ffrancis Whitwell. 

Several bills relating to carried by order of Councell to y^ Assem- 
bly by Thomas Holmes & James Harrison. 

The bill of Settlem' being amended, was returned to this Councill 
by two of the Members of y^ Assembly; namely, Robert Wade <Sc 
Griffith Jones. 

The Petieon of the Mariners belonging to the Friends Adventure, Con- 
cerning their wages, was read, & Ordered y' they shall have a hear- 
ing to-morrow at three of y" Clock in the afternoon. 

Adjourned till four of y'' clock afternoon. 

rOST MERIDIEM. 

Ordered that Wm. Clarke and John Moll, Compare the Fees of 
New York and Delaware, and make a report to this Councill. 

Ordered that Capt. Edm'' Cantwell and John Moll turn over the 
Duke's Laws, &, give a Report proper for them to Consider on. 

Adjourned till 20'" 1^' Mo., 83. 



At a Councill held at Philadelphia y-^ 20'" of 1^' Mo., 1683. 
PRESE^'T : 
Wm. PENN, Prop"y and Gov' of Pensilvania & Countys annexed. 
Tho. Holmes, Jno. Richardson, Fran. Whitwell, 

Jno. Moll, W^m. Haige, Lasse Cock, 

Wm. Clayton, Ja: Harrison, Jno. Simcox, 

Jno. Hilliard, Edm^ Cantwell, Wm. Biles, 

Wm. Clarke, 

Adjourned till three of y*" Clock afternoon. 

POST MERIDIEM. 

The Speaker w*" two of the members of the Assembly, attended 
the Gov' and Councill w"' several Bills that were sent up to them, 
after w* the Gov' & Councill desired a Conference with the whole 
House & Freemen, about the Charter, and then the Question being 
asked by the Gov' whether they would have the old Charter or a new 
one, they unanimously desired there might be a new one, w'" tho 
amendm"^ putt into a Law, w''" is past. 

The Petieon of Nathaniell Allen was read, shewing that he had 
sould a Serv' to Henry Bowman, for Six hundred weight of beefe, 
w* y^ hide & Tallow, &, Six pounds stcrl., which y'' said Bowman 
delayed to pay y*" said Petieoner, shewing likewise that y" said Henry 
Bowman & Walter Humphrey, hired a boat of the s'' Petitioner 
only for one month, & kept y" same boat 18 weeks from y^ peti- 
eoner, to his great prejudice ; then it was ordered y' Wm. Clarke, 
John Simcox & James Harrison, should speaJ; to Henry Bowman 
concerninsj this matter. 



8 MINUTES OF THE 

* 

The Petioon of Jno. James, Timothy Metcalf & The. Lincey, Mari- 
ners, belonging to the Friends Adventure, was read, shewing that the 
Mr. of said ship deny'd to pay them their wages, being demanded 
according to contract made with them in England. ^ 

Ordered that John Tost, high Sherife of this County, bring the said 
Petieoners before the Gov" and Councill to-morrow at Eight of y' 
Clock in the morning. 

Adjourned till 2P' 1^ Mo., 83. 



Att a Councill held at Philadelphia y''2r' of y' 1" Mo., 1683. 

PRESENT : 

Wm. PENN, proprief^y &; Gov" of Pensilvania & Counties annexed,. 
Jno. Simcox, Jno. Hilliard, Wm. Haige, 

Jam : Harison, Chris. Taylor, Edm'' Cantwell, 

Capt. Tho. Holmes, Wm. Biles, Lasse Cock, 

John Moll, Fran. Whitwell, Wm. Clarke. 

Jno. Richardson, 

The Seamen belonging to y' Friends Adventure, viz' : Jno. James, 
Timothy Metcalf and Thomas Lincey, were brought before the Gov' 
& Councill, & were ordered for a tryall before them. 

The Petieon of Jno. James for himself & in behalf of y* rest of y' 
said Ships Comp^ being read, requesting y' they might be putt in ca- 
pacity to address to y" Gov'' & Councill, It was ordered they shall 
have a hearing, & vpon the hearing, it was Ordered by the Gov"" & 
Councill, that the Seamen should bring vp the goods Left at Vppland 
to Philadelphia, & y' then the Gov' and Councill will take care to or- 
der that y^ said Seamen be paid their wages. 

Whereas, Edward Southerin is returned to serve in P. Councill 
for Sussex County, & that he hath not yet made his appearance to 
pform that Service, It is ordered by the Gov' & Councill that he give 
his attendance forthw* in Councill att Philadelphia. 

Comittees for proposing several Bills : 

Jno. Simcox, Wm. Haige, 

Wm. Clark, Edm-" Cantwell, 

To whom it is referred to propose Bills concerning Rules of County 

Courts. 
Bills of Exchange protested. 
Possessions. 
Publique affairs. 
Sailors Wracks. 
Act of Oblivion. 
Seoul ds. 

Capt. Tho. Holmes, Wm. Biles, 

Wm. Clayton, Jno. Richardson, 

To whom it is referred to.propose Bills Concerning; 

To arrest Goods in case of Danger. 



PROVINCIAL COUNCIL.. 9, 

iiimits of Courts in Criminal Causes. 
Justices of the Peace to Marry People. 

How farr Exect" and Adm"^ are obliged to proceed, & how to pay. 
Publique houses to credit no Vnresident for above 20'- or else to loose it. 
Not to remove his Neighbour's Landmark. 

Punishm' for those y' shall presume to alter their Neighbours Eare 
or Brand Mark. 

James Harrison, Christo. Taylor, Jno. Moll. 

Francis Whit well, Jno. Hilliard, 

To whom is referred to propose Bills for : 
Hoggs to be Ringed. 

Coroners to be established in each County. 
Servants without Indentures to be judged w' shall be allowed them 

att y* Expiration of their times. 
How to bind any over to the Peace. 
Twice a year a Grand Jury. 

Capt. Lasse Cock, desiring Leave of the Gov' and Councill, to go 
about y" Societies' business, Leave was granted him. 
Adjourned till four of y" Clock in y® afternoon. 

Post Meridiem. 

Griffith Jones and Thomas Fitchwater, came w* a written Mes- 
sage from the House of Assembly, Containing the thankful acknowl- 
edgm' of y^ House to y° Gov'' for his kind Speech to them yester- 
day, gratefully embracing his Offers, proposing what they desired 
might inserted in the Charter. The several Comittees appointed to 
meet at Several Places. 

Adjourned till 22=" 1" Mo. 83. 



Att a Councill held at Philadelphia y" 22"^ of y" 1" Mo. 1683, 



Wm. PENN, prop"y d: Govern' of Pensilvania and Countys an- 
nexed. 

Capt. Wm. Markham, Jno. Hilliard, Edm'^ Cantwell, 

Capt. Tho : Holmes, Wm. Clayton, Jno. Simcox, 

(Jhristo. Taylor, W^m. Clarke, Jno. Richardson, 

Jam ; Harison, Wm. Haige, Fran. Whitwell. 

Wm. Biles, Jno. Moll, 

The Several Comittees brought in their Bills to the Councill to 
be considered of. Wm. Haige &; Capt. Edm'' Cantwell desired Leave 
for some time to go about their business, w* was granted them. 

Several Bills relating to several Matters, carried by John Moll and 
James Harrison to the Assembly, by Order of the Govern'' & Coun- . 
cUI. 

Adjourned till 23^ 1^ Mo. 1683. 



10 MINUTES OF THE 

At a Council! held at Philadelphia y^ 23^ of y' V Mo., 16'83. 

PRESENT : ■ 

Wm. PENN, Propriety and Govcrn"^ of Pcnsilvania & Counties an- 
nexed. 

Capt. Wm. Markham, James Harison, Wm. Clayton, 

Capt. Tho: Holmes, Wm. Haige, Wm. Biles, 

Christo: Taylor, Jno. Moll, Jno. Richardson, 

Wm. Clarke, Jno. Hilliard, Jno. Simcox, 

Fran: Whitwell, 

Several Bills relating to carried by Tho: Holmes to the Assembly, 
by ord"" of y^ Gov"' and Councill. 

The Law of Weights referred. 

The Question was asked in Councill whether Peace Makers should 
sitt once a month. 

It was proposed what should be the punishm' of Manslaughter. 
Ordered that the Seal of Philadelphia be the Anchor ; 

of the County of Bucks a Tree and Vine; 

of the County of Chester a Plow; 

of the County of New Castle a Castle ; 

of the County of Kent three ears of Indian Corn ; 

of the County of Sussex one Wheat Sheaf. 

Adjourned till 4 Clock in y*" Afternoon. 

POST MERIDIEM. 

Several Bills relating to sent by Order of the Govern' & Council) 
to y^ Assembly by Thomas Holmes and Wm. Clark. 

Bills relating to Weights and Measures sent by Order of the Go- 
vern*^ & Councill to y" Assembly by Wm. Clayton & Jno. Hilliard. 

Adjourned till 24"^ 1^' Mo., 1683. 



At a Councill held at Philadelphia y' 24* of 1" Mo., 1683. 

PRESENT : 

Wm. PENN, Prop"y and Govern'' of Pensilvania and Countys An- 
nexed. 

Capt. Tho: Holmes, Chr. Taylor, Capt. Wm. Markham, 

Wm. Haige, Jam. Harrison, Wm. Clarke, 

Jno. Simcox, Jno. Richardson, Fran: Whitwell, 

Jno. Hilliard, Wm. Clayton, Wm. Biles. 
Jno. Moll, 

A Debate was held concerning Marriage, and Parents Disposing of 
Estates. 

Wm. Haige desiring Leave to go about the Societies' business, it 
was granted him. 

Several Bills relating to carried by Order of Gov' & Councill tu 
the Assembly by James Harrison and Christopher Taylor. 



PROVINCIAL COUNCIL. 11 

A Peticon of Jno. Tost for y^ paym' of 120£ ster' due from 
Griffith Jones being read, Ordered y' James Harrison & Wm. 
Clarke this afternoon take up & make an end of the business. 

A Petieon of Charles Pickering read. 

Ordered he shall be heard the 26 Instant in y" afternoon. 

Several Bills ordered by the Govern"' & Council] to be carried to 
the Assembly by Wm. Biles and Jno. Richardson. 

Adjourned till 26'^ 1 Mo., 83. 



At a Councill held at Philadelphia y' 26* 1=' 1683. 
present: 
Wji. PENN, Prop"y & Govern"" of Pensilvania and Countys An- 
nexed. 
Capt. Wm. Markham, Wm. Clarke, Jno. Hilliard, 

Wm. Haige, Capt. Tho. Holmes, Jno. Moll, 

AVm. Biles, Jno. Simcox, Jno. Richardson, 

\^'m. Clayton, James Harison, Francis Whitwell. 

Chr. Taylor, 

Ordered in Councill that Jno. Moll, Wm. Haige, W^m. Clarke, be a 
Comittee to bring their report to morrow morning of the Fees of 
Officers belonging to y" Custom house. 

Ordered in Coimcill that Wm. Biles, Francis W^hitwell vSj Jame? 
Harrison do consider of y*" Dutys and fees of Coroners, and make 
their Report To morrow morning. 

The Speaker with Three Members, came to this house with Several 
Bills. 

The Councill ordered a Conference to be had w"" y* whole hou5?e 
of Assembly concerning some amendments this afternoon. 

A Conference held in Councill concerning the Petieon from the As- 
•^'^mbly relating to Fishing, Fowling, Mines, Quarries, and Minerally. 

Christopher Taylor & Jno. Moll ordered by Govern"' and Council! 
' carry y^ old Laws to y" Assembly for them to look over. 

Adjourned till 27 1 Mo., 83. 



Att a Councill held at Philadelphia y-^ 27"" 1^' Mo., 1683. 

present: 

Wm. PENN, Prop^'y and Govern"" of Pensilvania & Countys An- 
nexed. 

I apt Tho. Holmes, Jno. Hilliard, Wm. Biles, 

Jno. Moll, James Harrison, Jno. Richardson, 

Wm. Clarke, Jno. Simcox, Capt. Wm. Markham, 

Wm. Haige, Wm. Clayton, Christo. Taylor. 

Fan. Whitwell, 



IS iMINUTES OF THE 

John Moll and Thomas Holmes ordered by the Govern' and Coun- 
cil to <fo to the Assembly to have a Conference about the Amend- 
ments. 

Wm. Haige and James Whitwell ordered by the Govern' and Coun- 
cill to carry several Bills to the Assembly relating to Mariners, and a 
bill to five every prov" Councill Man 3' p day,& each Assembly man 
2' 6" p'^Day, &c. 

Adjourned for two howers. 

POST MERIDIE3I. 

The Governour and Councel being sett, Capt. Wm. Markham de- 
sired leave to be absent a small time, w'*" was granted him. 

It being putt to the Question whether the 19"" Article should be In- 
serted in the Charter, was past in the negative. 

It being putt to y^ Question whether those words in y^ 17* Article of 
y^ Charter : That after the Death of the present Govern"" the Gov' & 
Councill should begin y" said Article, It was Resolved in y'' affirmative. 

It being proposed whether the Charter should be transcribed, it was 
resolved in the affirmative. 

Ordered by the Govern' and Councill that Thomas Holmes, Wm. 
Clark, John Moll, Jno. Simcox and Christopher Taylor, do consider 
jhe amendm'-' of the Charter, and give a report concerning the same 
To-Morrow. 

Adjourned till 28* 1^' Mon., 83. 



At a Councill held at Philadelphia y^ 28* 1^' Mo., 168;^ 

PRESENT : 

Wm. PENN, Prop^ry & Govern' of Pensilvania & Countys annexed. 
Capt. Wm. Markham, Jno. Hilliard, Wm. Biles, 

Capt. Tho. Holmes, Wm. Haige, Christo. Taylor, 

Wm. Clark, Jno. Simcox, Fran. Whitwell, 

James Harrison, Jno. Moll, Jno. Richardson. 

The business of Charles Pickering & Walls, Seamen, was this Day 
heard before y'^ Govern' & Councill, & it was their opinion that y"" Sea- 
men, excepting one of them, namely, John James, had done their 
duty. 

Capt. Wm. Markham and Christopher Taylor ordered by Govern'"' 
and Council to carry to y*^ Assembly several Bills relating to. 

Timothy Metcalf ordered to pay 5' for being disordered in Drink . 

The Speaker w* several other members, brought several bills to 
This board. 

The Govern' & Councill were pleased to inspect the fees. 

& Adjourned till 29"' 1 Mo,, 83. 



PROVINCIAL COUNCIL. U 

At a Council licld at Philadelphia y'' 29'" 1^' Mo., 1683. 
presext: 
Wm. PENN, Prop'y and Govern"" of Pcnsilvania & Countys annexed 

Capt. Wm. Markliam, Jno. Hilliard, Fran. Whitwell. 

James Harison, Jno. Simcox, Wm. Biles, 

Christo. Taylor, Wm. Clayton, Jno. Richardson. 

Wm. Clarke, Jno. Moll, Tho : Holmes, 

James Harrison and Christo. Taylor ordered to go to the Assem- 
bly to have a Conference concerning the Bills of the fFccs of this pro 
vince, &c. 

A Conference is had viz' : 
All Ships and Vessells vnder 10 Tunns& those that belong to tliis 
River, to pay no fees. 

The Question was proposed by the Govern'' whether Offices should 
vontinue for Life which are named by the Govern""- ; Carried in the 
Negative. 

Also whether the Govern"" that now is, shall chuse his officers du- 
ring his life ; Carried in the Affirmative. 

The Question was putt whether the justices of the Peace, Sherifs, 
it Constables, should be appointed by the Govern"" dureing his life : 
Carried in the Affirmative. 

The Question was putt whether the Govern'' should chuse officers 
during his Life, and afterwards according to Charter; Carried in the 
Affirmative. 

The Question was whether there should be a Comittee to dravy 
jp the Charter with amendments ; past in the affirmative. 
The Comittee of the Council, out of each County one : 
John Moll, New Castle County, 
Fran. Whitwell, Kent County, 
Wm. Clarke, Sussex County, 
Jam : Harrison, Bucks County, 
W"m. Clayton, Chester County, 
Tho. Holmes, Philadelphia County- 

The Committee of the Assembly : 
James Walliams, New Castle. "^ 

Benony Bishop, Kent. | 

Luke Watson, Sussex. ! p 

Thomas Fitchwater, Bucks. f ^ 

Dennis Rochford, Chester. | 

Thomas Wynne, Speaker, Philadelphia. J 
Agreed to sitt upon the Charter this afternoon, att 6 of the Olo<:k. 
A meeting of the generall Surv"" and Purchasers, appointed to be 
held to-morrow in the evening, about the Fees of Surveying, iboth t» 
irt! held att the Council Chamber. 
Adjourned till 30* 1*' Mo., 83. 

2 



14 MINUTES OF THE 

At a Council held at Philadelphia y-^ 30'" T' Mo., 1683. 
presej^t: 
VVm. PENN, Prop'y and Govern'' of Pensilvania and Countys an- 
nexed. 
John Moll, Capt. Wm. Markham, Jno. Richardson, 

Christo. Taylor, Wm. Haige, Wm. Clayton, 

Wm. Clarke, Jam: Harison, Jno. Simcox, 

Jno. Hilliard, Francis Whitwell, Wm. Biles. 

Thomas Holmes, 

John Moll & James Harrison ordered by the Govern' & Councils 
to carrie Several Bills to the Assembly. 

The Question putt by the Governour, whether or no the old Char- 
ter shall serve with amendments, or a new one drawn. Agreed it 
should be drawn again and the amendments putt in. 

The Speaker w"' some other members, brought Several Bills to 
the Council. 

Adjourned till 3 in y'' afternoon. 

POST MERIDIEM. 

A Comittee ordered to prepare the Charter by 8 of y" Clock to 
morrow morning, being John Moll, James Harrison, Jno. Simcox, 
Thomas Holmes and Wm. Clarke. 

Putt to the Vote, as many as are of opinion that a PublickTax upoj 
Land ought to be Raised, to defray the Publick Charge, say Yea.. 
carried in the affirmative — none dissenting. 

Jno. Moll, Wm. Clayton, John Hilliard, Jno. Richardson & Fran- 
cis Whitwell, appointed for a Comittee to bring in y* Charge of } ' 
Province. 

Adjourned till y^ 31 1^' Mo., 83. 



At a Councill held at Philadelphia y*^ 31* 1" Mo., 1683. 
present: 
Wm. PENN, proprietor and Gov' of Pennsilvania and CounEyes an- 
nexed. 
James Harrison, Wm. Clayton, fran. Whitwell, 

Jno. Moll, Jno. Hilliard, Jno. Simcock, 

Wm. Haige, Wm. Biles, Chris. Taylor, 

Wm. Markham, Thomas Holmes, Jno. Richardson. 

Wm. Clark, 

James Harrison & Jno. Symcock, ordered by y"" Gov' and Coun- 
cill, to Carrie several Bills to y'^ Assembly relating to. 

Wm. Haige desires Leave to be absent for some time. Leave i? 
granted him. 

The Speaker attends this house with several Bills.- 

Adjourned till 3 of y' Clock in y' Allernoone, 



PROVINCIAL COUNCIL. 15 

POST MERIDIEM. 

The Speaker came downe this afternoone w'*' y'' whole house to 
hear the Charter read, w* was soe done. 

The Gov' proposed whether they would have y*" 500 Members 
Stand in this New Charter, or have it altered that only two hundred 
should be y' greatest number. The Last was past in y'' Negative. 

The Question was put whether they would y'= Clark w"' y*^ Char- 
ter to inrole it, agreed Nemine Contradisente. 
Capt. Wm. Markham, Jno. Richardson, James Harrison, 

Chris. Taylor, ffran. Whitwell, John Hilliard, 

Jno. Symcock, Wm. Haige, Wm. Biles, 

Jno. Moll, Tho: Holmes, Lasse Cock. 

Wm. Clayton, Wm. Clark, 

The Gov'' and these Memb"^ of Councill, w"' y'' Whole Assembly 
being psent. The Bills were read and past into Laws, Nemine Contra- 
ilicente. 

Adjourned till y^ 2' 2'' Mo., 83. 



At a Councill held at Philadelphia y^ 2'' 2^ Mo., 1683. 
present: 
Wm. PENN, Pro' and Gov"" of Pennsilvania and Countyes Annexed. 

Capt. Wm. Markham, John Moll,. ffran. Whitwell, 

Tho. Holmes, Wm. Haige, Jno. Hilliard, 

Christ: Taylor, Wm. Clarke, Jno. Richardson, 

Ja: Harrison, Wm. Biles, Wm. Clayton. 

Jno. Symcock, 

The Speaker, with two of ye Members of y' Assembly, brought 
downe a Petition to y' Governor. 

Tho. Holmes, John Moll, John Hilliard and Wm. Haige, were sent 
by y" Gov' & Councill with several Bills to y*" Assembly. 

Wm. Clark sent w"" Several Bills to y"" Assembly. 

James Harrison & Christ: Taylor Sent by y'' Gov' & Councill with 
several Bills to y" Assembly. 

Jno. Symcock Brought several Bills from y" House. 

The Speaker, with two other members of y" Assembly, Wayted on 
y*" Councill with several Bills. 

Two of y" Members of y'^ Assembly wayted on y^ Councill with a 
Message Concerning y^ Bill of Cleaning of Corne, w""" being put to 
y'' Vote, was Can-ied in y^ Affirmative. 

John Symcock, Jno. Richardson, fran. Whitwell, Wm. Haige & 
Wm. Biles, were sent by y*" Gov' & Councill with severall Bills to 
y^ Assembly. John Symcock (§' Ja : Harrison, sent Likewise with 
several Bill^. 

Adjourned till 3 of y^ Clock, Afternoone. 



1? MINUTES OF THE 

POST MERIDIEM. 

The Same Members Present. 
The Speaker with y^ whole house came to y' Councill to hearc 
severall Bills read and Passed in to Laws, w"*" was accordingly done- 
Consideration arising whether y' Gov'^ three Voyces should stand 
in Prov" Councill as by y*" ould Charter, the Question was put, all 
yee that are willing y' the last proposition should stand so as it is, say 
yee. The Question being put twice, was Carried in the Affirmative. 
The Great Charter of this Province was this night* read, signed. 
Sealed & Dehvered by y*" Gov' to y^ Inhabitants, and received by 
y" hands of James Harrison and y^ Speaker, who were Ordered to 
returne y" Old one w* y*" hearty thanks of y^ whole house ; which 
accordingly they did. Edm"" Cantwell, Lasse Cock, Ralph Weth- 
ers, Jno. Rouds & Edward Southern, these members of y" Councill 
wore absent. 

The Question was put whether Skins should be prohibited ; Car- 
ried in the Negative. 

Also, if they would have an Imposition laid upon them ; past in the: 
x\ffirmative. 

Adjourned till y^ 3'^ 2'^ Mo. 83. 



At a Councill held at Philadelphia the 3" of y^ 2^ month, 1683. 

PRESENT : 

Wm. PENN, Prop' & Gov' of Pennsilvania and Countyes Annexed. 
Wm. Markham, Jno. Richardson, Jno. Hilliard, 

Tho: Holmes, John Symcock, "Wm. Haige, 

Ghr. Taylor, James Harrison, John Moll, 

Wm. Clark, Wm. Biles, Ralph Withers. 

Wm. Clayton, fran : Whitwell, 

It was proposed That no fellons be brought in to this Contrey. 

An Other Concerning money or Pieces of Eight. 

Another Concerning Apprentices that runn away from their mas- 
ters without Certificate, should not be Entertained, and Being put to 
y' Vote ; was Carried in y' Affirmative, that they may be brought in. 

The Question was put whether y'^ Law that is past shall stand 
without Altering ; Carried in y" Negative. 

The Question was put whether Pieces of Eight should goe by 
weight ; Carried in y'^ Negative. 

A Supplym' to y*^ Bill of Money, was put to y' Vote whether it should 
be added. Past in the AfTermative. 

The Question was put whether they would have a Seal to y' Laws 
of y" Province made Every Sessions. Carried in the AfFermative. 

The Question being put if the Clark of the Councill should ladorce 

*April 2" , 1683. 



PROVINCIAL COUNCIL. 17 

the Consent of y" Councill on y' Laws Every Session. Carried in 
the Affer : Nomine Contradicente. 

Also if y^ Speaker should Indorce y'' Consent of y^ whole house of 
Assembly. Carried in y^Affir: N. Con. 

The Gov' Adjourned y^ Assembly till such time as he d: y* Prov" 
Councill shall have occasion for them. 

Adjourned till y^ 4 '' 2 Mo. 83. 



At a Councill held at Philadelphia y'= 4"^ of y"2' Mo., 1683. 
preseivt: 

Wji. PENN, Prop'& Gov' of y^ Province of Pennsilvania and Coun- 

tyes Annexed. 
Wm. Haige, Wm. Clayton, Jno. Symcock, 

Tho. Holmes, Jno. Richardson, Wm. Clarke. 

Chr: Taylor, Ja : Harrison, 

This day Charles Pickering's Business was tryed, and y^ Seamen 
are ordered to have 6 month pay and 51b. given them over & above. 
The Gov' Orders that these members of y^ Council attend him. 

Tho : Holmes, } „ 

Chr: Taylor, ^ '^ Y^^r men, 

Edm^ Cantwell, ? ^ 

EdW Southern, $ ^ y^^' "^^"' 

Wm. Clayton, } , 
Jno. Richardson, S- 
Adjourned till y" 2^ of y" 3^ Mo., 83. 



At a Councill held at Lewis, the 2^ day of the 3^ Mo., 1683. 

PRESENT : 

Wm. PENN, Prop' and Gov' of y^ Province of Pennsilvania and 

Countyes annexed. 
Capt. Wm. Markham, ffr: Whitwell, Jno. Hilliard, 

Wm. Clark, John Symcock, Edw'^ Southern. 

The Gov' Informed the Councill that he hath made Choyce of 
Nich: Moore to be Secretary of y^ Prov" Councill, and Capt. Wm. 
Markham & Jno. Symcock were Ordered to d&sire y'' said Nich : 
Moore to appear before the said Prov" Councill; where he took 
pla,pe as Secretary. 

The Councill adjourned till y^ 23^ 3 'Mo. 

2* 



18 MINUTES OF THE 

At a Councill held at Philadelphia y^ 23^ 3'^ Mo., 1683. 

PRESENT : 

Wm. PENN, Prop' and Gov' of y'' Province of Pennsilvania and 

Countyes annexed. 
Chri: Taylor, .la: Harrison, Jno. Symcock, 

Wm. C lark, Lasse Cock, Wm. Haigue. 

Ralph Withers, 

It was Proposed to have an attested Coppy of y* Laws Printed. 
After some debate y^ Gov' put y" Question, & it was carried in y"" 
Negative, they should not be printed. 

It was then moved y' an attested Coppy under y^ Secretary's 
hand, should be transmitted to y'' Presid'& Clark of each respective 
County, for y" People to have y^ course to for their information, 
& that y" people may have coppys of y' Coppy from y'^ Presid' 
or Clark, so as it be attested by two Justices as authen tick. After a 
short debate y* Gov' putt y'' Question, all y' are of opinion that a 
Coppy of y^ Laws under y'' Secretary's hand shall be Sent to y' 
Presid' or Clark of each County Court, & Coppys of them taken 
by y" people attested by two Justices of y* peace, say yee. 

Past in the Affermative. 

(3rdered y' Coppys be sent & allowed to be taken from y^ Secre- 
tary's Coppy, it being first approved by y*" Court & attested before two 
Justicx3s of y" Peace under y^ County Seal. 

The Gov' Orders this Councill to attend him dureing the L^ Balte- 
more's Stay in these parts. Considering y^ psent occasion. 

Ralph Withers desires Leave to goe home. Leave is granted him 
])vided he returne when y" Lord Baltemore comes. 

Tlie disorder in publick houses being Complayned of, it was pro- 
])osed by the Gov' all that are of opinion that two psons should he 
iissistants to two Justices of y° Peace, to see good Orders kept, say yee. 

Past in y* Afiirmative. 

AH that are of opinion that Benja. Chambers and Henry Lewis be 
the men, say yee. 

Past in the Affirmative. 

All that are of opinion y' there should be a Proclamation Issued 
out to this effect, that no person should deal with any Servant for 
goods or Money, Either for themselves or others, say yee. 

Past in the Affirmative. 

Adjourned till y-^ 24"- of y'' 3^ Mo., 83. 



At a Councill held at Philadelphia y^ 24"- of the 3^. Month, 1683. 

PRESENT : 

Wm. PENN, Prop' and Gov' of y^ Province of Pennsilvania and 

Countyes annexed. 
Wm. Clark, Ja: Harrison, Chr: Taylor. 

Jno. Symcock, 

The Councill mot according to adjournni' and Adjourned till y* 
6* of y" 4* Mo. 



PROVINCIAL COUNCIL. 19 

At a Councill held at Philadelphia y^ 6"' of y* 4* Mo., 1683. 

PRESENT : 

Wm. PENN, Prop' and Gov' of y^ Province of Pennsilvania and 

Counties annexed. 
Ralph Withers, Wm. Clark, Tho: Holmes, 

Chr: Taylor, Wm, Haigiie, Lasse Cock. 

A Debate was held Concerning Letf^ Sent from East Jarsey to Eng- 
land, whereupon, Rob' Stacey was cald in, and he saith that if 
this Councill would be pleased to make their Complaint, that y^ peo- 
ple of East Jarsey will make them all y" Satisfaction that can possi- 
bly be given. 

Whereupon, James Harrison, Chris. Taylor & Tho. Holmes, Avere 
Deputed by Gov' Penn, to goe to East Jarsey and Comunicated to 
y"" Gov' & Councill, their Certaine passages written to England, by 
some of their Province, as Injurious to the Welfare and Prosperity 
of this. 

Adjourned till y^ 8* day 4'" Mo., 83. 



At a Councill held at Philadelphia y' 8"' of y^ 4«' Mo., 1683* 

PRESENT : 

Wm. PENN, Prop' and Gov'. 

Tho : Holmes, Ralph Withers, Wm. Clarke. 

Chr: Taylor, 

Richard Noble's Petition was read : Ordered y' his Case be heard 
& Tryed before this board y" 20"" day of this instant, and y' he give 
Abr. Man his Exceptions 10 days before the Tryall. Abr. Man. 
being psent they both agreed to stand Tryall. 

Adjourned till y^ 9"^ of y^ 4* Mo., 83. 



At a Councill held at Philadelphia y" 9* of y' 4'" Mo., 1683. 
present: 
Wm. PENN, Prop' and Gov'. 

Tho. Holmes, Ralph Withers, Lasse Cock. 

Wm. Clark, Chr: Taylor, 

The Case of Nicho : Bartlett being againe Considered, it was not 
thought fit that any Letter should be sent into Kent County. 

Nicho. Bartlett's Petition was read at this Board. Ordered that fran. 
Whitwell Should be sent unto, to come and answer to Nich. Bart- 
let's Petition & Declaration, and y' a Coppy thereof be sent unto 
him, and y' he appear before y' Gov' & Prov" Councill y' 25 Instant. 

Ordered that Summonses be Issued out for Bartiet's Wittnesses. 



20 MINUTES OF THE 

The Gov' put y* Question whether a Solemn Proclamation might not 
be Convenient to goe a long with y" Laws Concerning Ordinarys Keep- 
ing unseasonable Hours and selling of Rum. 

Also, a Proclamation that Constables in this Citty should goe to 
publick houses to see good Ord" kept, and y' people should not stay 
longer at an ordinary then such an hour. 

Wm. Clark moveing in Councill for a Day Certaine for y^ hearing 
of an apeal between Jno. Bellamy and Luke Wattson, It was Or- 
dered y' it should be heard y" 4"" of y'' 5"' month. 

Wm. Clark desiring Leave to goe home, Liberty was granted him 
till further Order, and then Adjourned till 3 of the Clock afternoone. 

POST MERIDIEM. 

The Gov'' and Councill being mett. 

They Ordered that two Proclamations should be issued out, one 
strictly to put y" Laws in Execution, & y'' Other to suppress y* Dis- 
orders in all Publick houses. Also, the Magistrates were sent for and 
Charged in Order to the same. 

Adjourned till y' 11" of y^ 4'" Mo., 83. 



At a Councill held at Philadelphia y'= 11'" of y" 4* month, 1683. 
present: 
Wm. PENN, Prop^ and Gov^ 
G hris : Taylor, Wm. Clark, Tho. Holmes, 

Nich. Moore, Secre. 

The members of y^ Councill being not returned which went to 
West Jarsey, the Gov' was pleased to prolong y* adjournm' till y'^ 
20'^ofyM"'Mo., 83. 



At a Councill held at Philadelphia y^ 20'' 4"' Mo., 1683. 

present : 
Wm. PENN, Prop' and Gov'. 

Chr: Taylor, Tho : Holmes, Ralph Withers, 

Edm' Cantwell, Jno. Symcock, Wm. Clayton. 

Richard Noble, PI : on an apeal, Abra. Man, Def '• 
The Jugem' of y" County Court against Richard Noble was 
reade, w*" the reason of y^ apeale, and soe they proceeded to Tryall. 
But for as much as y' apeal of Rich'' Noble before this board, is 
upon a Jugem' given by y' County Court of Philadelphia, Concern- 
ing a Title of Land in y" County of Bucks, and that y' Law saith 
That all Causes shall be first Tryed where they arise, It is y' Opinion 
of this board that y' apeal Lyes not Legally nor regularly before 
'IS, and therefore doe refer y' Business to the proper County Courts 



PROVINCIAL COUNCIL. 21 

and doe fine y" County Court of Philadelphia forty pounds for giv- 
lug y* said Judgment against Law. 
Adjourned till y= 26"^ 4'" month, 83. 



At a Councill held at Philadelphia y 26* of ye 4* Mo., 1683. 
present: 
Wm. PENN, Prop^ and Gov^ 

Tho. Holmes, Wm. Clayton, John Symcock, 

Lasse Cock. 

Nich. Bartlet, Plan' upon an apeal, ffrancis "Whitwell, Def , pro- 
(ieeded to Try all. 

Tho : Grones being attested, declares that fran. Whitwell pretended 
lo doe Bartlet a Kindness in y*" apraism' of his goods, but afterwards 
would not, but much to his disadvantage. 

Peter Gronendick being attested, declare That Whitwell promised 
not to take away any of y*" goods of Nich. Bartlet's. 

Tho. Williams Being attested, declares y^ same. 

Several more things being alledged on both sides. 

The Gov' & Councill Considering the hole matter betwixt the 
Plan' & Def, doe think the appraism' is under Vallued, and therefore 
do give it to be their Opinion that y^ Plantif is wronged. And there- 
fore doe Order y'^ Defend' to pay to y" PlantifT within six Weeks time 
three Cows and Calves, between four and seaven years old. Also 
Ordered, 

That they pay the Wittnesses Charges between them. 

Adjourned till y^ 4'" 5"^ Mo., 83. 



At a Councill held at Philadelphia y"= 4*^ of y^ 5"= Mo., 1683. 

PRESENT : 

Wm. PENN, Prop' and Gov'. 

Capt. Wm. Markham, Wm. Clark, Tho. Holmes, 

James Harrison, Chr: Taylor, Jno. Roads. 

John Symcock, 

John Bellamy, Plan' upon an apeal ; Luke Wattson, Defen'- 

The Coppy of y" Order of Court for an appeal was read, also y* 
Judgm' of Court in Sussex County. 

The Defend' answers by his Letters and Survey, w"" Other Letters 
& papers in pursuance of Capt. Cantwell's grannt. 

The Plantiff Questions Cantwell's Autho'i'ity, & Saith the Gov' of 
York Tore the Deffend" Pattent, for its being for so much as three 
thousand acres ; The Proposeth whether the Title of the Defendants 
Prior in Date be sufficient ; if soe y' Plaintiff is Void. 



22 MINUTES OF THE 

Offered by the Gov'' and Coimcill to the Deff*, that if they could 
Produce any Pattent, or Ccrtifficate of a Pattent, they should have 
time given them by this board; Which was refused by the Defend' and 
his attorney, Abr: Man. 

Upon the hearing and Debateing of y** Whole matter between Jno. 
Bellamy, Plan', & Luke Watson, Deff', upon an apeal from Sussex 
Court, This Board Unanimously agree in Juugm' for the Plan' w"' 
forty Shillings Damages and Costs of Suite, for that it doth not apear 
that Capt. Henry Smith, under whom the Def Claimes, hath any 
Claime in Law or Equity for any Land upon prime hooke, and it is 
hereby Ordered that y" Plan' shall pay to the Defend' for his Im- 
provcm'' he hath made what shall be adjudged the true vallue there- 
of by three Comiss"" of Valluation appointed by this board, to Witt : 
Jno. Roads, Rob' Brassy and Alexandre Draper, of y" s"* County, or 
any two of them. One halfe to be payd by y^ 20"' day of y" next 
ninth month, and y' other halfe by the 20"^ day of y*" ninth month, which 
shall be in y^ year 1684, and that the Defend* have four months time 
froin y^ Date hereof to take away his Cropp and Stock, and other 
Moveable Concernes. 

Appointed that there be an Order sent downe to y*" Comiss" about 
John Bellamy's & Luke Wattson's Business. 

Adjourned till y'^ 1^' 6'" Mo., 83. 



At a Councill held at Philadelphia y^ 1^' of y'' 6*^ Mo., 1683.. . 
present: 

Wm. PENN, Prop' and Gov\ 

Tho. Holmes, Wm. Clark, Nich. Moore, Secretary. 

Lassc Cock, Chris : Taylor, 

That 'tis thought fit the Care of Magistrates, that due provision be 
made for the Sustenance of the People, and though our Provisions 
are but small, yett that there may be Care taken Every One may 
partake. 

Adjourned to y'' W 6'' Mo., 83. 



At a Councill held at Philadelphia y^ 16"" of the 6'" month, 1683. 
present: 
Wm. PENN, Prop^ and GoY. 

Capt. Wm. Markham, Tho. Holmes, Chr : Taylor, 

Lassc Cock, Wm. Clayton, Nich. Moore, Secre. 

A Complaint was read against Griffith Jones, it was left to y' 
Court of Philadelphia to deside, he giving Security. 

Griff. Jones &c Chr : Taylor obligeth themselves in five hundred 
pounds penalty, to apear y' next Sessions to be held in y' s** County, 

Adjourned till y^ 22"' 6"'Mo., 1683. 



PROVINCIAL COUNCIL. 23 

At a Councill held at Philadelphia y« 22"" of y'' G'*" month, 1683. 
prese:vt: 
Wm. PENN, Prop' and Gov^ 

Capt. Wm. Markham, Win. Clark, Nich. Moore, Secre. 

Chris. Taylor, Tho. Holmes, 

Oi-dei-ed that a Proclamation should be Issued out for y^ Councill 
and Assembly to Sitt y^ 24 of the 8"' Mo., 83. 

Wm. Clark desired leave to goe home; Also to be Excus^'d 
from coming to the next Genall Assembly, he having had a Long 
Journey into Maryland for the Publick Service. His request was 
accordingly granted him. 

Adjourned till 29'^ 6 ° month, 83. 



At a Council held at Philadelphia y^ 29"' of y^ 6*'^ month, 83. 

PRESENT : 

Wm. PENN, Prop' and Gov^ 

Jam. Harrison, Tho. Holmes, Chris. Taylor. 

John Symcock, Wm. Clayton, 

The Gov'' put y'' Question whether a Proclamation wei-e not Con- 
venient to be put forth for to Impower Masters to Chastise their Ser- 
vants, and to punish any y' shall Inveyle any Servant to goe from 
his Master. They Unanimously agreed and Ord"^ it accordingly. 

Adjourned to y^ T^ 7 ' Mo., 83. 



At a Councill held at Philadelphia y= 7'-' of y" 7"' Mo., 1683. 

PRESENT : 

Wm. PENN, Prop' and Gov'. 

Edmond Cantwell, Edw*^ Southern, John Roads, 

Lasse Cock, Tho. Holmes, John Hilliard, 

tiran. Whitwcll, John Symcock, Wm. P>iles, 

Ja. Harrison, Wm. Clayton, Chris. Taylor. 

The Petition of Hugh March and Other Persons against James 
Kilner, M'- of the Levee of Leverpoole, was read, and y" Councill pro- 
ceeded to Examine into y'' Business. 

Hugh March Comp*" Saith y*" M'- James Kilner Trode upon him on 
board the Ship, whereupon, he said Dam if, cannot the man see ! for 
which y" M'- beat him and made his mouth bleed. 

James Kilner Confesses he being in a Storme, trode on him by 
chance, and y'' Other Darning of him and calling him foole, Caused 
him to Cuff him. 

John Fox complaineth against James Kilner, and Saith he bjd him 



24 MINUTES OF THE 

cleane the Deck, he answered it was cleane already, whereupon, }■* 
Master beat him. 

James Kilner answered that one night he Spake to Jno. fox to 
cleane y" Deck, who said he would not, and also gave him y'' Lie, 
whereupon, y' M'- Struck him. 

Edward Jones saith he drew some Water, and afterwards The 
M""- seeing y^ hhd of water open, fell upon y*" s"^ Jones, and beat him 
with a st^ff and made his nose bleed, and afterwards drew him by y' 
hair of the head to the Mainmast, kickt him on the side, and run his 
fingers up his nose. 

James Kilner answereth y' he asked y' said Jones why he lett y' 
water run at wast, who said he did not let it run at wast, and gave 
him y" like and other ill words, wherupon y" M'- struck him. 

Nich. Newtin declareth between both, "that there was a Caske w" 
wanted a pegg. That was almost out, and y' Master spake to Edw' 
Jones to put a pegg into it, which he did, but still it runn out, where- 
upon the M'- struck him several Blows. 

Adjourned till y^ 8* 7"> Mo. 83. 



At a Councill held at Philadelphia y'' 8* of y^ 7"^ Mo. 1683. 

present: 

Wm. PENN, Prop^ and Gov^ 

€hr: Taylor, Jno. Symcock, Jam. Harrison, 

Tho: Holmes, Wm. Clayton; ffra. Whitwell, 

Jno. Roads, Wm. Biles, Jno. Hilliard, 

Lasse Cock, Edw"" Southern, Edm"* CantwelL 

The Gov' proposes a Law to be drawn. That Servants which run 
away should serve five days for Every days absence after y' time of 
their Servitude, & pay the Costs and damages the Master shall Sus-, 
teine by their absence. 

The Gov'' Stateing y" Question, it was Carried in y''Afflrmative,N.C. 

Capt. Edm'' Cantwell, Wm. Biles, Jno. Symcock &c Jno. Roads 
appointed a Comittee to bring in a Bill concerning horses goeing 
out and comeing into this Province. 

AVm. Shute's Petition Concerning his Son, detained by Denis 
Rocheford, was read ; he is referred to the County Court. 

The Comittee brought in these following Bills, Viz' : one Concern- 
ing Importation of horses ; and one for Exportation of horses ; both 
which were read. 

Phillip England made his Complaint against James Kilner, who de- 
nyeth all alledged against him, only y" Kicking of the maid, and that 
was for Spilling a Chamber Pott upon y^ Deck ; otherways he was 
Very Kind to them. 

Georg eGreen Saith that Phillip England went to Said Kilner to the 
overplus Water, also Beer, which was his own, and was denied it. 

Tho. Brinket Saith that James Kilner said he must take care of 



PROVINCIAL COUNCIL. 25 

their Water, having but a Little Left, but never denycd them water at 
any Time. 

Also y^ Ship rouled sometimes when y*" Caske was almost out, and 
soe made it Like pudle. He further saith y*" Seamen drunk more of 
y" Passingers beer then they themselves, and chainged 5 Barrells of y' 
Kissingers beere and then the had not pformed halfe their Voige, and 
the Ship beer being spent, drank wholy of the Passing"^ ,* he also saith 
y' Seamen drunk some times one Cann, some times two a day, more 
then ye Passingers that owed the drinke. The Master saith the Pas- 
s?ingers Left the Ordering of the Drink to him, but they deny it. 

The Gov' gave the Master a Repremand and advised him to goe 
w* the Passingers and make up the Buisness, w* accordingly he did. 

Adjourned till y' 10* 7* Mo., 83. 



At a Councill held at Philadelphia y'= 10* of the 7"" Mo., 1683. 

PRESENT : 

Wm. PENN, Prop' and Gov^ 

Tho. Holmes, Jno. Symcock, Edw** Southrin, 

Chr: Taylor, Wm. Biles, Wm. Clayton, 

Fidm"' Cant well, fFra : Whitwell, Lasse Cock, 

.lames Harrison, Jno. Hilliard, 

The Petition of Peter Groenendick, desireing a Speciall Court, was 
read. Francis Whitwell answcrd that being there aught to be a 
Court Every two months. Only he would not answer to a Speciall 
Court, there being no Jury to Try it. It is the result of this board that 
noe more Speciall Court sJiall be granted. 

A Bill was read Concerning Servants; past a first reading without 
Desent. 

Tho. Holmes, Edm'' Cantwell, James Harrison, Chris. Taylor, 
appointed a Comittee to draw Bills for Warrants, Bills, Bonds, 
repleanens, Sumonses and attachm'' to be brought in y'' afternoone. 

A Bill Concerning Sumonsing of Jurys was read, & past a first 
reading without desent. 

A Bill Concerning Justices Sitting in their own Cause upon an 
appeal, although a Prov" Councillor should Sitt in Prov" Councill 
upon that apeal, read; past the first reading without Desent. 

A Bill Concerning bringing in of horses, past a second reading 
without Desent. 

A Bill Concerning Carrieing of horses out of this Province, past a 
Second reading without Desent. 

A Bill Concerning y*" Privileges of Prov" Councill men. Assembly 
men, and Courts of Justice, past y" first reading without Desent. 

POST MERIDIEM. 

The Bills above said, w'^^'' are six, were againe read a Second tim« 
& past without desent. 

3 



26 MINUTES OF THE 

These Persons following, did Solemnly promise before this hon'' 
board, faith and allegiance to y' King, & fidelity and Lawful Obe- 
dience to Wm. Penn, Prop' & Governor. 

Capt. Gabriell Rappe, M'- Andrew Learrin, Andrew Inbert, Petter 
Meinardeau Uslee, Lees Cosard, Nich. Ribouleau, Jacob Raquier, 
Louis Boumat. 

Several Bills were brought by the Comittee Concerning Bonds, 
bills, attachm''- &;c. 

Which wei-e read a first reading &, past without Desent. 

Adjourned till y^ 11* 7"^- Mo., 83. 



At a Council! held at Philadelphia y^ 11'"" of y^ 7*" Mo., 1683, 

PRESENT ; 

Wm. penn, Prop' and Gov'. 

Edm"^ Cantwell, .Tno. Halliard, James Harrison, 

Edw'* Southrin, Wm. Clayton, Tho. Holmes, 

ffran. Whitwell, Wm. Biles, Jno. Symcock, 

John Roads, Chris. Taylor, Lasse Cock. 

Severall Bills Concerning Sumonses, Bonds, Bills, attachm'- &c... 
Others Concerning Shcrrifs and makeing upof acc'% were read a se- 
cond time; past without Desent. 

Wheras, there is a Petition preferred against francis Whitwell by 
Peter Gronendick, fran: Whitwell, Complayning against s"* Peter 
Gronendick, They doe Joyntly agree to have y'' Differance Tryed 
before the Gov' and Conncill the 26'" 8'" month next Ensuing. 

A Bill ordered to be drawn for Clark's fees to be recovered; also 
an Other for sitting up of Bouyes in the River &: Bay. 

Adjourned til! the 12"^ 7'" Mo., S3. 



At a Councill held at Philadelphia the 12*^ of y= 7*^ Mo., 1688. 

PRKSENT : 

W3I. PENN, Prop' and Gov'- 

Chris. Taylor, fran. Whitwell, Wm. Biles, 

Jam. Plarrison, .Tno. Plilliard, Edw** Southrin, 

Tho. Holmes, Edm^ Cantwell, John Road, 

Jno. Symcock, Wm. Clayton, Lasse Cock. 

All the Before mentioned Laws were read a third time, & past av'" 
out Desent. 

John Hill was attested to the Truth of these severall ace" and Bills, 
w^^ are as foUoweth : 

Due to Wm. fframpton. Viz' : 
Phillip Morris, 5611b. Tobaco. Dr. Contra Cr. L. 

Wm. Clark, 9541b. pork, 61281b. Tabac, 5 Cr. 3600 lb. Tabac. 

i Diet & Storidg. 



PROVINCIAL COUNCIL. 27 

Wm. Emitt, Dr. 686 lb. Tobaco. ? Cr. L. 

Indian Cor 26 Bus". 2^" 5 
Sam" Grey, Dr. 573 lb. pork, 393 lb. Tobac. & 21b. 4s. 11 mony, Gr. 

557 lb. pork. 
Will. Keening, Dr. 30 lb. pork. Cr. 

Win. Carter, Dr. 2 lb. 16, 8, 11 in monv, 112 lb. pork, Cr. Wheat 

1 lb. 10, 00. Pork 130. 
Henrv Strecher, 325 lb. pork, 340 lb. Tobaco. Cr. 

Alexander Moleston, 115 lb. pork, 815 lb. Tobaco. Cr. pork, 130 lb. 
Luke Watson, Dr. 708| lb. pork, 1367 lb. f Cr. Tobaco 1113 lb. 

Tobaco. < pork 329 lb. 

Balance due 3791 lb. 254 lb. 2. (.mony 3 lb. 00, 00. 

Andrew Dewpree, Dr. to 171b. 3ip. Indian Corn. Cr. 
Jno. Johnson, Dr. £ 0, 16, 6. Cr. 01b. 5She. 00. 
Jno. Vines, Dr. to 663 lb. pork, 1893 lb. Tobaco. Cr. 500 lb. Tabac. 
Henry Skidmore, Dr. 1243 lb. pork, 350 lb. Tabaco. Cr. 60 Tabac. 
.Jno. Oakey, Dr. 1, 1, 3.}. 
Joseph Low, Dr. 452 lb. Tobaco. 
Roger Gom, Dr. 30 lb. Tabaco. 
Rich. Patty, 2 Bar"" Indian Corne, 
Wm. Bradford, Dr. 28 lb. porke, 
Geo. Young 3 Bush. 2 pecks Wheat. 
Jno. Brinklow, Dr. by ball, of acct 

1200 lb. Tabaco. 
Tho. Stretton, Dr. 140 lb. Tabaco. 
Benony Bishop, Dr. 3682 lb. Tobaco. 

Tob. 
Anth. Inloes, 490 lb. Tobaco. Cr. 361 lb. to Ball. 129 lb. Tob. 
Jno. Betts, 459 lb. pork, 2906 lb. Tob. Cr. 2167 lb. Tob. To ball. 

459 lb. pork, 839 lb. Tobaco. 
Edw^ Peck, 300 lb. pork, 1721 lb. Tob. Cr. 1650 lb. Tob. to ball. 

300 lb. porke, 71 lb. Tobaco. 
ffran. Whitwell, Dr. 3223^ Tob. Cr. 2180 lb. due to ball. 1043 lb. 

Tobac. 
Jno. Roads, Dr. 781 lb. Tob. Cr. 445 lb. Tob. due to ball. 334 lb. Tob. 
Rob' Waker, Dr. 2408 lb. Tob. Cr. 2240 lb. Tab. due to ball. 

168 1b. Tab. 
Patrick Grady, Dr. 717 lb. Tab. Cr. 450 lb. Tab. due to ball. 267 

Tabac. 
Sam" Mott, 184 lb. Tob. Cr. 

Jno. Veckers, 90 lb. Tob. Cr. 

<Teo. Calling, 60 lb. Tob. Cr. 

Wm. EUingsworth, 1219^ Tob. Cr. 970 lb. Tob. due to ball. 2495 

Tob. 
Wm. Shore, Dr. 494 lb. Tobac. Cr. 345 lb. Tob. due to Ball. 149 

lb. Tob. 
Dan" Soanes, Dr. 1058 lb. Tob. Cr. 840 lb. Tobac. 
James Smyth, Dr. 240 lb. Tob. Cr. 

Robert Bedwell, Dr. 240 lb. pork. Cr. 180 lb. pork, due to Ball. 

601b. pork. 



Cr. 








Cr. 








Cr. 








Cr. 








Cr. 






L. 


Cr. 






L. 


Janv- 


1682-3, 


138 lb. pork, 


Cr. 






L. 


Cr. 2700 lb. to Ball. 


982 lb. 



28 MINUTES OF THE 

Tho. Williams, Dr. 1019 lb. pork, 4594 lb. Tob. Cr. 2344 lb. 
Tob. 500 lb. pork, Due to Ball. 519 lb. pork, 2250 lb. Tobac. 

Lewis Johnson, Dr. 1 7565 lb. Toba. Cr. 1350 lb. Tabac, due to Ball. 
406 lb. 

Nath. Walker, Dr. 407 lb. Toba. Cr. 

Wm. Trotter, Dr. 504 lb. Tobacco. Cr. 

Henry Harman, T)r. 748 lb. Tobacco. Cr. for Corne rec"*, but know 
not how much to allow. 

Tho. Kames, Dr. 2577 lb. Tob. Cr. 

Tho. Hill, Dr. 650 lb. Tob. Cr. 400 lb. Tob. due to ball. 250 lb. 
Toba. 

Jno. Curtis, Dr. 8500 lb. pork, 28191b. Tob. Cr. 2040 1b. pork, 
265 lb. Tob., 1 anker Butter, to pork Peter Baucomb plumblet 
out of y" boat, also 4 hhds. of Tob. ; I forgot. yf weight. 

Robert Braceys, Dr. 16 lb. Tobaco. Cr. 

Edw" Warmer, Dr. 15s. OOd. Cr. 

Wm. Darvall, Dr. 589 lb. pork, 5114 lb. Tob. Cr. 3840 lb. Tobac. 
due to ballance 589 lb. pork, 1274 lb. Tobaco. 

Cha: Pickering, Dr. 500 lb. Tobaco. Cr. 

County of Kent, Dr. to Salt porke, which y^ Sheriff, Peter Bawcoumb^ 
took out of y'' boat, w*"'' he Suit* there was but. 700. lb., but I can- 
not tell how much, for there was pork in y" boat, to y" Quan- 
tity of 2700 lb. 

Tho. Hassald, Dr. 480 lb. Tob., Cr. 400 lb. due to ball 80 lb, Tob. 

James With, Dr. 2 lb., 5 s. 1 d., Cr. 

Tho: Danis' bill for 530 foot plank. 

Edw'' Southrins' Bill for 904 lb. porke. ' " ' \' 

Eliz: Roads' bill for 100 lb. porke. 

Jno. Depreys' bill for 935 lb. porke. 

Bap' Newcombs' bill for 212 lb. porke. 

Wm. ffutchers' bill for 5425 lb. porke, 1309 lb. Tobacco'.. 

Jno. Streets' bill for 220 lb. pork. 

Sarah Avery s' bill for 3785 lb. pork. , . ^ . 

Rob' Richards' bill for 70 lb. porke. 

Jno. Burtons' bill for 4625 lb. porke, 6003 lb. Tabacco. ' 

Rob' Jn"ssons' bill for 300 lb. Tobaco. 

Bryan Omelys' bill for 120 lb. Tobaco. 

Geo: Martvs' bill for 289 lb. Tobaco. 

Tho : Groncs' bill for 340 lb. Tobacco. ' ' 

Jno. Newills' bill for 285 lb. Tobacco. 

Wm. Dorringtons' Bill for 260 lbs. Tobacco. 

Charles Morfeys' bill for 300 lb. Tobacco. 

Jno. Cortneys' bill for 940 lb. Tobacco. 

Jno. Betts, his bill for 4500 lb. Pork. 

Rich. WiUsons' bill for 385 lb. Tobacco. 

Wm. W' indsmores' bill for 535 lb. Tobacco. 

John Hilliards' bill for 1900 lb. Tobacco. 

Simon Irons' bill for 893 lb. Tobacco. 

Al: Drapers' bill for 233 lb. Tobacco. 



^This word should be said. 



PROVINCIAL COUNCIL. 29 



Jno. Richardsons' biii for 3233 lb. Tobacco. 
Edw" Warmers' bill for 4000 lb. Tobacco. 
Adjourned till y^ 24* 8'^ Mo., 83. 



At a Councill held at Philadelphia y^ 24^^ of the 8"" month, 1683. 

PEESENT : 

Wm. PENN, Prop' and Gov' 

Tho: Holmes, Wm. Clayton, 

Lasse Cock, Chr: Taylor, 

Wm. Biles, John Symcock. 

The Gov' Informed y' board, that it was Convenient Warrant should 
be sent from this board to aprehend some persons upon suspition of 
putting away of bad money. 

A Question put \\hether there be not some psons to vent such 
money here. 

Rob' Felton being attested. The Question was put to him wheth- 
er or no he rec'^ any Silver of Charles Pickerin, to Quine for him ; 
he answered yes, 24 pounds of Bard Silver; he also made the Scales, 
&; Charles Pickering &. Sam" Buckley helped him to make the Bitts. 
Quest: what did they add to the allay of y" 15 lb. 2""; about 4** of 
(\)pper ; and what to y" 91b. 3 or 4"^ of Copper, being the allay; he 
(iannot be Exact how much the allay was, for they did sometimes, put 
in more then he knew of 

A Warrant was Issued foi^Jh from this board, to bring Charles 
Pickering & Sam" Buckley before them. Tho: Clifford appointed 
Messing' for this Sessions. 

Robert Felton also saith he had noe Silver brought to him, but by 
the psons above named, and he Scroopling to do it, the Silver having 
l>een already allayed, and if they did not put more Copper into it the\ 
would Loose by it ; they said they would Bare him out in what he 
did for them. 

The Gov' telleth Ch : Pickering & Sam" Buckley of their abuse t,o, 
y' Governm', in Quining of Spanish Bitts and Boston money, to the 
Great Damage and abuse to y" Subjects therof The Gov' ,aslj^ 
them whether or no they are Guilty of y" fact. They confess, they 
liave put of some of those new bitts, but they say that all their money 
was as good Silver as any Spanish money, and also deny that they 
liad any hand in this matter. Charles Pickering saith he will Stand 
by it and be Tryed ; he declareth that he heard Jno. Rush Swcre that 
lie Spent halfe his time in making of Bitts. 

The Gov' asketh Sam" Buckley whether he did not help to melt 
money, or to put in y* Copper allay into y* Silver more then Should 
be, and to have been at y" Stamping of new Bitts, and Strikeing on the 
Stamp. 

He Confesseth he hath been guilty of somewhat of that; also, was 

3* 



30 MINUTES OF THE 

there not to y* knowledge any brass or Copper put into the Silver that 
was melted ? he Sayeth yes. 

Also, whether or no thou didst not help Charl. Pickering's man to 
melt, and also to stricke the hamer and See y'^ Seals, and disperse some 
of the Bitts, more or Less? he Sayeth yes. 

Was there not more allay put into the Silver then Ordinary, and 
y" Person tould that Stamp it, that There was too much ? he say- 
eth yes. 

John Rush being sent for & Examined, Positively denyeth what 
Char. Pickering afFermd. 

The Gov' Demands of Charl. Pickering and Sam" Buckley to give 
Security, w'" accordingly was done. 

Tho. Phillips & Sam" Buckley, Enter into a Recognizance of five 
hundred pounds for Sam" Buckley's appearance before this board when 
demanded, and not to goe out of towne without Leave. 

Rich"* Wall and Char. Pickering binde themselves and Enter into 
a Recognizance of five hundred pounds for Char. Pickering's appear- 
ance before this board, and not to goe out of towne without Leave. 

Ordered y' y'' Sherriff take Rob' ffelton into Custodj-, «S; him safe to 
keep untill further order. 

POST MERIDIEM. 

The Gov"" moved that at y" beginning and Ending of the Sitting of 
the Assembly, the People of y" Citty and Countrey may if they pleasc,^ 
come in and hear what shall be spoken unto them. 

The Assembly being admitted, the Gov'' opened the house, and 
('aused to be delivered to the Speaker fifteene Laws Concerning seve- 
ral! things for them to debate of. 

A Petition of y*" County of Kent was Cognizable before this board, 
;ind it is referred to a Comiltee of some of this board and some of 
the house of Assembly to that part of y" Petition Relateing to pattents. 

The Gov' telleth them that the fault of not having Patients is not 
y*" Gov'' but their owne, for they ought always to attend the Gov'' for 
them, and that their Default is so far from giving them pretence not 
to pay Quitrents, that with an Other Gov"' it might Weaken their 
Tittles or Pinch their pocketts, and that y'' Ord"" of S' Edmond Andros 
for three Years to Seat in Expired in '78, and that divers Orders were 
.sent to them to take out their Pattents, and further more there was an 
( )ther Order that those that had not or should not settle in 6 months 
.should forfeit their Lands ; also thousands of acres in the Lower 
Countys which y" Gov'' might have taken from them, being forfeited ; 
therfore they ought to be Content. 

A Warr' was Issued Out from this Board to Benjam. Chambers, 
High Sherriffs, to Sumons a Grand & Petty Jury for the Tryall of 
Char, l^ickering «Sj Sam" Buckley. 

Adjourned till the 25"" &'" ]\Io. 83.. 



PROVINCIAL COUNCIL. 31 

At a Councill held at Philadelphia the 25"" 8'" Mo., 1683. 

PRESENT : 

Wm. PENN, Prop^ & Gov'. 

Tho, Holmes, Wm. Biles, Jno. Symcock, 

Lasse Cock, Wm. Clayton, Ja: Harrison, 

Chr. Taylor. 

Ordered, That an Indictm' be Drawne against Char. Pickering & 
Sam" Buckley, Grounded upon Evidence taken before this board. 

Two of the Assembly, Jno. Blumstone &z. Luke Watson, came to this 
Ixtard to be Informed Concerning the Sherriffs, calling them to y' Ser- 
vice of a Grand Jury, and they were tould it was about Corrupt 
money, and that it was not by Compultion, but w* their Consent. 

John Symcock Sent by y'' Gov'' & Prov" Councill to y"" Assembly, 
that Griffith Jones may have Liberty to come before this board to be 
Examined in a Businesse of Moment. 

Complaint being made to this board about New Bitts and New 
England Shillings, It was resolved that there should be a Proclama- 
tion Issued out forthwith to cry them downe. 

Griffith Jones Attested, saith that Charles Pickering sent hin^ 
Eight pounds in New Bitts to pay New England men, but they would 
not take it ; therefore he went to Mary Bartholmew and changed 
Iburty Shillings to make up a sume which Otherways he could not 
have done, and he promised to change it againe, and further Saith not- 

John White made Atturney Generall to plead the Cause between 
Our Prop" & Gov', and Char; Pickering & Sam" Buckley. 

POST MERIDIEM. 

Thorn. Holmes and James Harrison Sent to y" house of Assembly, 
to Lett them Understand, that if they were ready Wee are ready, and 
stay for them. 

Whcrupon the Speaker w'"° y" Whole house, came to attend this 
Board w"" a returne of y" Bills w"** were delivered to them by this 
Iward ; Which Bills were read the Last reading and past, Nemine Con- 
tradicente. 

A Grand Inquest were Impanneld and Attested, whose names are 
as followed: 

Tho : Lloyd, foreman. Jno. James, Jno. Parsons, 

Enoch flower, Jno. Vanborson, Jno. Blunstone, 

Rich. Wood, Robt. Hall, Tho: ffitchwater, 

Jno. Hardin, Valt. Hollingsworth, Wm. Guest, 

Jno. Hill, Alex'"' Draper, Jno. Curtis, 

Edw' LoufT, Jno. Louff, Robt. Lucas, 

Ja: Boyden, Jno. Wale, Hen. Jones, 

Nich. Walne, Sam" Darke, Caleb Pusy- 

A.ad then adjourned till y^ ^&^ las', 8"' Mo. 83.. 



82 MINUTES OF THE 

At a Councill held at Philadelphia y* 26"" 8'^ Mo. 1683, 

PRESENT : 

Wm. PENN, Prop" & Gov'. 

Chr : Taylor, Jno. Richardson, Tho : Holmes, 

ffra: Whitwell. Lasse Cock, Jo. Symcock, 

Wm. Clayton, Wm. Biles, Ja : Harrison. 

John Moll, 

The C4rand Jury being called Over, went forth to find the Bill 
against Charles Pickering, and returned and found y' Bill as being a 
Heynous and Grevious Crime. 

The Petty Jury were Impanneld and Attested, whose names are 
as followed: 

John Claypoole, foreman. Jno. Barnes, Walt' King, 

Rob' Turner, Jos. ffisher, Benj : Whitehead, 

Rob' Euer, Dennis Rochford, Tho : Rouse, 

Andrew Brinkson, Wm. Howell, David Brintnell. 

The Indictm' was read against y* Prisoner at y' Barr, to w'^ he an- 
swered not Guilty, and would be tryed by his Country. The Attur- 
ney Gen'all then opened y' Cause and called for his Witnesses as fol- 
lowed : 

Caleb Puse)'^ attested, Saith that Charles Pickering paid him 151b. in 
New Bitts, w'*" were produced in Court. 

Griffith Jones Attested, Saith that he borrowed of the Prisoner 
Eight pounds in New Bitts, as they are now called. 

Mary Bartholmew attested, saith that Griffith Jones came to her 
and desired her to change himfourty Shillings; shee said she would, 
provided he would change them againe, and he sayd he would ; 
wherupon he had it, wherof some of y" pieces were produced in Court. 

The foreman of the Jury desired that y'^ Prisoner would tell him 
who he had the money of that he payd to severall people, but he 
sought to Evade it, saying the money that any pson rec'd of him 
he would change it, and that noe man should Loose any thing by him. 

The Gov' gave y^ Charge to ye Jury, and they went forth and re- 
turning againe, brought him in Guilty of y* Bill of Indictem'. 

A Bill sent to y" Grand Jury against Sam" Buckley and Robt. Fen- 
ton, which was found, and their Indictm'' read against them ; they 
both Confessed y" fact, and the Petty Jury went forth and brought 
them in Guilty of their Indictm"*. Sam" Buckley & Robt. ffenton, 
both Declare that Pickering and they two made the Money to gather, 
and Robt. ffenton saith that he Cut the Seals for Charles Pickering, 
and that he was at worke there with them about a Week or more, and 
further saith, one pair was made before he absented himselfe, and one 
paire afterwards, and y' the mint was not in this Province, which was 
declared by both of y" aforesaid Prisoners. 

After Which, y' Gov' Proceeded to give Sentance against y* Priso- 
ners, w* is as followed. 

Charles Pickering, The Court hath Sentenced thee for this high 
misdemeanor whereof thou hast been found Guilty bv the Country, 



PROVINCIAL COUNCIL. 33 

that thou make full Satisfaction in good and Currant pay to Every 
Person that shall within y" Space of one month, bring in any of this 
false, Base and Counterfitt Coyne, (w'^'' will to morrow by Proclama- 
on be called in,) according to their respective proportions, and that 
the money brought in, shall be melted into gross before returned to 
thee, and that thou shalt pay a fine of fourty pounds into this Court, 
towards y'' Building of a Court house in this Towne, and Stand comit- 
ted till payd, and afterwards fined Security for they good abearance. 

Sam" Buckley, the Court Considering thee to have been more En- 
genious then he that went before thee, hath thought fitt to fine thee, 
and doe fine thee tenn pounds towards a Public Court house here, 
and to finde good Security for thy good abearance. 

Robert ffenton, the Court haveing also Considered thy Ingenuity in 
Confessing the Truth of Matters, and that thou art a Servant, hath 
only Sentenced thee to Sitt an hour in the Stocks to morrow morning. 

Adjourned till the 27"^ 8'" month, 83. 



At a Councill held at Philadelphia y'' 27th of y^ S"" Mo,, 1683. 
present: 
Wm. PENN, Prop" and Gov^ 

Tho: Holmes, Wm. Clayton, Jam: Harrison, 

Jno. Symcock, John Moll, Wm. Biles. 

fFr: Whitwell, Chr: Taylor, 

A Proclamation was this day Issued out to put downe Bitts a Coyne 
so Called, w'^'' were Counterfitted by Char: Pickering, and also he 
to make satisfaction to all manner of Persons wronged by y" same. 

A forme of a Proclamation begins thus : 

By the Proprietary and Gov' of y* Province of Pennsilvania, & 
the Territories thereunto belonging, by and w"' the advice and Con- 
sent of y' Prov" Councill of y^ same. 

Ordered that there being a returne made to this board, by y° 
Comiss'^ of appraisem' appoynted between Luke Watson and John 
Bellamy, of Certaine Improvm'" made by Luke Watson, on a Planta- 
tion adjudged to John Bellamy at Prime hook, in y^ County of Sus- 
sex, in the Territories of this Province, in as much as y" s'' Jno. Bel- 
lamy hath not payd him nor Secured him the Vallue of y" appraism' 
and that he is at psent out of y" Countrey, that he may Enjoy y' s*^ 
Plantation till payd, or sufl[iciently Secured. 

It is Ordered by this board, that y" said Luke Watson, doe Peacea- 
bly Enjoy the sayd Plantation till y'' said John Bellamy hath payd or 
given sufficient Security to pay the same, or hath shown to this board 
a good cause to the Contrary. 

Adjourned till y= 29'" of y' 8'" Mo., 83. 



34 MINUTES OF THE 

At a Coimcill held at Philadelphia y^ 29'" of y'= S"- month, 168S. 

PRESENT : 

Wm. PENN, Prop"^ and Gov^ 

The: Holmes, Jno. Symcock, ffra. Whitwell, 

Chr: Taylor, Jno. Richardson, James Harrison, 

Wm. Biles. 

Charles Pickering Sent for by the Messinger. 

A Petition of ffra. Whitwell read. 

A Warrant Issued out to make Search in y*" Shop and Lodging of 
isack y^ Smith, Humphrey Best and Jno. Rush, doe worke for mettles 
(voyned or uncoyned, Stampt or unstampt. Iron or Steel only ex- 
cepted. 

A Petition of Rob' Marsh read, and Ordered that fFrancis Whitwell 
release him or sue the Bond. 

Adjourned till y'' 30"- 8'" Mo., 1683. 



At a Councill held at Philadelphia y' 30"^ S* Mo., 1683. 

PRESENT : 

Wm. PENN, Prop"' and Gov'-. 

James Harrison, Jno. Richardson, Wm. Haigue. 

Tho. Holmes, Wm. Biles, 

John Richardson desired aWritt oflnquirey Concerning the Estate 
of Mich. Simkin. 

Adjourned till y^ 7'" of y= 9'" Mo., 83. 



At a Councill held at Philadelphia the 7* of the 9"" month, 1683. 
present: 
Wm. PENN, Prop"' and Gov'. 

Chris. Taylor, ffran. Whitwell, Tho. Plolmes, 

Jno. Richardson. 

A Petition of Peter Gronendicks read, and upon reading this board 
grant him a rehearing of a Case of Difference between Cornelius 
Varhoof, PI' and Peter Gronendick, Deff*, before y^ Gov' and Prov" 
Councill y'= 28"' Ins' 1683. 

A Petition of Abra. Westron read : Oi'dered, that he be remetted his 
line, but that his Wife pay hers, it being 5 pounds. 

A Petition of Rich'' Wells read : Ordered that he be referred to y' 
Peace makers, and in Case of Refusall to y" County Court, according 
to Law. 

Adjourned till y^ 21*^' of 9"' Mo. 83. 



PROVINCIAL COUNCIL, S5 

At a Councill held at Philadelphia The 21* of the 9'" Mo., 1683, 
present: 
Wji. PENN, Prop^ and Gov^ 

Tho. Holmes, Wm. Haigue, Chris. Taylor, 

Wm. Clayton. 

The Petition of ffr. Whitwell read, and upon Consideration of his 
allegations of Mistakes in Peter Gronen dicks acco'"' 

Ordered that unless they rcferr it to two Persons Indifferently Cho- 
sen, this board doth grant a rehearing, ffr. Whitwell paying the Charge 
thereof. 

Jno. Stephens, PI*" i> , , r ^r ^ r^ . r, 

r- T-i • r> rt f by an apeal from Kent County Court. 

bvan Davis, Def 3 j ' 

The Plan' Declaration was read and they pceeded to Tryall. 

The^Plantif declared that if The def* would Swear to his acco% that 
he would allow of them. 

That upon y^ hoarding of a Case of DifFerance depending between 
John Stephens, Plan', & Evan Davis, Def, from a Judgm' given upon 
an apeal from Kent County Court against y" Plant. 

This Board doth finde that the said Evan Davis, Stands Indebted 
to y* s** Jno. Stephens y° Just Sume of One Thousand & seaventy 
pounds of good and Marchantable Tobacco, over and above y" As- 
signem' of Stiles, his Bill of Eightcene hundred & Odd pounds of To- 
bacco to y^ Said Stephens, and the Obligation he is under to finish the 
Tobacco house of y" s'' Stephens. 

A Ship called the Mary of Southampton, Anto Pryers M'-, was by 
this Board called in question for being an Unfree Ship, and upon Con- 
sideration had by this Board, and Jno. Test, Prosecutor, desireing 
Judgm'. 

It is y^ Judgm' of this board that there being noe Certificate that 
shee is a free Ship, therfore this board Condems her as being an 
unfree ship and forfeited. 

The Condemnation is as followed: 

Information haveing been made to y"" Gov'' & Prov" Councill, that 
a Certaine Ship called the Marry of Southampton, lately arrived vv"' 
Passingers from Southampton in England, and now Rideing before the 
Towne of Philadelphia, in the Province of Pennsilvania, is a Scot- 
tish Bottom and noe w'ays made ffree to trade to any of his Majesty's 
Plantations in America, and so under y'' forfeiture Expressed in the 
Laws of Navigation; upon a full hearing of the Business in Councill, 
and by the Ingenious acknowledgem' of the Master and some of y* 
Owners, and Especially by the Goulden Breif that was produced by one 
of them, is found to be the Alexander of Inverness, of y" Kingdome 
of Scottland, And therfore the Gov'' and Prov" Councill have and doe 
adjudg and Condemne the said Ship as forfeited, according to Law 
in such Cases provided for. 

Adjourned ;ill y^ 26'" 10'" Mo., 83. 



56 MINUTES OF THE 

At a Councill held at Philadelphia, y' 26"'of y^ 10'" month, 1683. 
present: 
Wm. PENN, Prop°^ & Gov^ 

Tho. Holmes, Wm. Haigu€, Lasse Cock. 

Wm. Clayton, 

The Gov' and Prov" Councill having taken into their Serious Con- 
sideration the great Necessity there is of a Scool Master for y' In- 
struction & Sober Education of Youth in the towne of Philadelphia, 
Sent for Enock flower, an Inhabitant of the said Towne, who for 
twenty Year past hath been Exercised in that care and Imploym* in 
Encrland, to whom haveing Comunicated their Minds, he Pjmbiaced it 
upon these following Termes : to Learne to read English 4' by the 
Quarter, to Learne to read and write 6' by y*^ Quarter, to learne to read, 
Write and Cast acco' 8' by y*" Quarter; for Boarding a Scholler,that is 
to say, dyet, Washing, Lodging, & Scooling, Tenn pounds for one 
whole year. 

Antho : Pryer's Petition read ; referred to y"" Law. 

Adjourned till y^ 27* 10* Mo., 83. 



At a Councill held at Philadelphia The 27* of the 10* month, 1683. 

PRESENT : 

Wm. PENN, Prop"' and Gov'. 

Tho: Holmes, Wm. Haigue, Lasse Cox. 

Wm. Clayton, 

This day Thomas Lloyd was sent for before this board, and y'^ 
^jJov' was pleased to put him in Master of y^ Rolls, who doth Solemn- 
ly promise to officiate therein w* care and Diligence. 

It being taken into the Serious Consideration of this board, the 
Great grevance of Tradesmen's Exaction, they have thought fitt to 
Issue out an Ordinnance whereby to regulate the same. 

The Sherriff having brought in the Grevance of y" People Concern- 
ing the New betts put out by Charles Pickerin, which he is to Sa- 
tisfie for According to y' Judgm' given against him in that matter ; 
he being asked about it, saith that he will give in Money and plate to 
Satisfie them. 

The Petition of John Helliar read. Ordred that The Law shall 
have its Course. 

Ordered That y'' Sherriff" goe to Char: Pickering and receive as 
much good money, or Valine thereof, as he hath reced of the People 
in bad money, and pay y^same respectively to y^ People as he reced 
the other from them. 

And Adjourned till y^ 16* 11* Mo., 83. 



PROVINCIAL COUNCIL. 37 

At a Councill hold at Philadelphia y^ 16'" of y^ 11"" month, 16S3. 

• PRESENT : 

Wm. PENN, Prop"-^ and Gov'. 

(^hris. Taylor, Lasse Cock, .Tames Han-ison, 

^\'m. Biles, Tho. Holmes, Wm. Clayton, 

Jno. Symcock. 

The Proposalls of Anto. Weston w"' y^ rest of y*^ Persons names 
thereunto Subscribed were read; And the Gov'' proposes vv'^'' way to 
punish him, and they thought the best way was to have him Whypt. 

Paul Saunders and Tho. Stephens say that Anto. Weston tould them 
that Jno. Songhurst, Jno. Parsons, Tho. Ducket and Otjiers, would 
stand to his paper. 

Antho. Weston being Examined, saith that tliey mett at Tho. Hoot- 
ons, and there chose him to draw up Proposalls to the Gov"' & Prov" 
Councill, w* Proposalls were mended by Tho. Winn, who was re- 
proved for doeing of the same. 

The Gov"" proposeth what to doe w"' Anto. Weston : as many as 
would have him whypt, say yee. Past in the Affirmative. 

John Stone and Tho. Dare his (Servant, En' into a recognizance of 
fifty pounds a pcice for their good behaviour duering the Terme of his 
.Serv'' Servitude. 

Henry Comely & Geo. Sheave his Servant, Entered into a recog- 
nizance of fifty pounds a peice for their good behavior duering y" 
terme of his Serv'" Servitude. 

Wm. Clayton and Tho. Stephens his Serv', Enter into a Recogni- 
zance of fifty pounds a peice for their good behavior to the Governnv 
duering y" said Serv*^ Servitude. 

The Gov' and Prov" Councill have thought fit that for tlic great 
presumption and Contempt of this Governm'i and authority, that Anto. 
Weston be Whypt at y" Market place on IMarket daye three times, 
Each time to have Tenn Lashes, at 12 of the Clock at noone, this 
being y" first day. 

A single recognizance of fifty pounds the freemen that Subscribed 
TO Antho. Weston's proposalls, are to give for their good behavior to 
y^ Governm' till such time as y'^ Genall Assembly shall next sett. 

Ordered That Wm. Clayton build a Cage against the next Coun- 
•111 day, 7 foot high, 7 foot Long, & 5 foot broad. 

Adjourned till y^ 17"' ll'" !\Io., 1683. 



At a Councill held at Philadelphia y' 17* of y^ 11'" month, 1683. 

PRESENT : 

Wm. PENN Prop"' and Gov'. 

James Harrison, Lasse Cock, Wm. Clayton, 

John Symcock, Wm. Biles, Tho : Holmes. 

Chris : Taylor, 

4 



38 MINUTES OF THE 

John Songhurst, and all his Serv", Enter into a recognizance of 
fifty pounds apeice, for their good behaviour to v' GovernnV duering 
y* terme of his Serv*" Servitude. "* 

Andrew Griscome and Mathias Jewell, Enter into a recognizance 
of fifty pounds apeice, for their good behavior duering y^ terme of his 
Serv** Servitude. 

The Petition of Peter Cock read. 

The Question was put, whether the Law of Custome doth Last but 
for a year, as well as Taxes, or not. 

Proposed by the Gov' whether or no y° People in England should 
not pay towards Public Charges or not, as well as those in the Pro- 
vince ; past in the Affirmative. 

All that are of Opinion That a Levie should be Laid on y^ Lott in 
the Citty of those psent and those absent, Say Yea ; Past in y' Affir- 
mative. 

A Law proposed to Encourage makeing of Linnen Cloth. 

A Law proposed for two Sorts of Cloaths only, for Winter and 
Summer Wear. 

A Law proposed for Young Men's Marrieing at such an age. 

A Law proposed for Makeing of Severall sorts of Books, for the use 
of Persons in this Province. 

Proposed that care be Taken about the Learning and Instruction of 
Youth, to Witt: a Scool of Arts and Siences. 

Adjourned till y^ 7* 12* month, 1683. 



Att a Councill held at Philadelphia y' 7* 12* Mo., 1683. 
present: 
Wm. PENN, Prop" & Gov\ 

Lasse Cock, Jno. Symcock, Tho. Holmes. 

Wm. Clayton, 

Margaret Mattson and Yeshro Hendrickson, Examined and about 
to be proved Witches ; whereupon, this board Ordered that Ncels 
Matson should Enter into a Recognizance of fifty pounds for his 
Wiff^'s apearance before this board the 27* Instant, Hendrick Jacob- 
son doth the same for his Wife. 

Adjourned till the 20* 12* Mo., 83. 



At a Councill held at Philadelphia y^ 20* 12* month. 1685. 

PRESENT : 

Wm. PENN, Prop" and Gov'. 

Tho: Holmes, Wm. Clayton, Lasse Cock. 

Wm. Haigue, 



PROVINCIAL COUNCIL. 89 

Wm. fframpton being Sent for before this board, his Petition was 
read, and it was Ordered that James Claypoole, Rob' Turner, Jno. 
(rreene, Jno. Jones and Wm. tlrampton, or any two of them, to have 
tlie Keys and to take into Possession the Estate in the hands of Jno. 
Vanburson, and to Inspect his acco'^ in psuanco of the same, and to 
make a rcturne distinktly of the said goods and ace'' to this board. 

The Gov'' & Prov" Councill have thought fitt, from the Exteriordi- 
nary in the Case, to place Patrick Robinson as administrator to Benj. 
Acrods Estate, and to have a recourse to this board from time to 
time. 

Wheras, the Verdict of the Coroner's Jury was, that Benj. Acred 
killed himselfe w* drinke, w"""' might give the Province a pretence 
to his Estate therin. The Prop" & Gov' Relinqueshed all his Claime 
thereunto in Councill, and desired y^Councell to take Care that some 
person be appoynted to take Care of y" Estate of y*" s'" Acrod, for y° 
])aynV of his debts, and the remainder to be disposed of according to 
l^aw, &c. 

Adjourned till the 21"> 12"- Mo., 83. 



At a Councill held at Philadelphia y' 21* of y'' 12"' Mo., 1683. 
present: 
Wm. PENN, Prop"' and Gov'. 

Tho: Holmes j Wm. Clayton, Lasse Cock. 

Wm. Haigue^ Chr: Taylor, 

James Claypoole, Jno. Joanes and Wm. fframpton, made their re- 
turne to this board Concerning the Estate of John Vand Borsons; 
Wherupon, James Claypoole & Wm. fframpton were appointed to 
Inspect and make up the ace*" of Jno. Vanborson, and to give an acco' 
of it to this board when they have made up the Cr. & Dr. 

Wm. fframpton makes a report of the referance of the Councell 
Concerning the Estate of Jno. Vanborson, Lately deseased. 

The Prov" Councell Ordered Wm. fframpton & Sam" Carpenter 
ofthisTowne, March*", to administer on y' behalfe of y° Creditors 
and Heirs of Jno. Vanborson, and to make report of what they doe 
therein to this board. 

Adjourned till v' 27'" 12''' Mo., 83. 



At a Councill held at Philadelphia y' 27 of the 12* month, 1683. 

PRESENT : 

Wm. PENN, Prop'' and Gov'. 

James Harrison, Wm. Haigue, Wm. Clayton, 

Wm. Biles. Chris. Taylor, Tho: Holmes. 

Lasse Cock, 



40 MINUTES OF THE 

The Grand Jury being attested, The Gov' gave them then' Charge, 
and the Atturncy Genall attended them w"" the presentm' ; their names 
are as followed : 

Rob' Euer, forcman. Rich. Orne, The : Mosse, 

Sam" Carpenter, Jno. Day, Tho : Ducket, 

Andrew Griscom, Jno. ffisher, Denis Linco, 

Benj. Whitehead, Jno. Barnes, Tho : Phillyps, 

Jno. Barnes, Gunner Rambo, Tho: Millard, 

Sam" Allen, Enock flower, Jno. Yattman, 

Jno. Parsons, Henr : Drystreet, Barnaby Wilcox. 

POST MERIDIE3I. 

The Grand Jury made their returne, and found the Bill. 

Ordered that those that were absent of the Petty Jury should Ix^ 
fined 40' each man. 

Mai'G;arit Matson's Indictm' was read, and she pleads not Guilty^ 
and will be tryed by theCountrey. 

Lasse Cock attested Interpriter between the Prop"' and the Prison- 
er at the Barr. 

The Petty Jury Impanncld ; their names are as followed: 
Jno. Hasting, foreman. Albertus Hendrickson, Rob' Piles, 
Rob' Wade, Nath. Evans, Edw" Carter, 

"Wm. Hewes, Jcr. Collet, Jno. Kinsman, 

Jno. Gibbons, Walter Martin, Edw** Bezac. 

Henry Drystreet attested, Saith he was tould 20 3^ears agoe, that 
the prisoner at the Barr was a Witch, & that several 1 Cows were be- 
witcht by her; also, that James Saunderling's mother tould him that 
she bewitcht her cow, but afterwards said it was a mistake, and that 
her Cow should doe well againc, for it was not her Cow but an Other 
Person's that should dye. 

Charles Ashcom attested, saith that Anthony's Wife being asked 
why she sould her Cattle; was because her inother had Bewitcht them, 
having taken the Witchcraft of of Hendrick's Cattle, and put it on 
their Oxon ; She myght Keep but noe Other Cattle,, and also that one 
night the Daughter of y"* Prisoner called him up hastely, and when 
he came she sayd there was a great Light but Just before, and an 
Old woman with a Knife in her hand at y'^ Bedd's feet, and therefore 
shee crycd out and desired Jno. Symcock to take away his Calves, oi 
Else she would send them to Hell. 

James Claypoole attested Interpritor betwixt the Prop™' and the Pris. 
oner. 

Theaffidavid of Jno. Vanculin read, Charles Ashcom being a Wit- 
tiess to it. 

Annakey Coolin attested, saith her husband tooke the Heart of n 
Calfe that Dyed, as they thought, by Witchcraft, and Boyled it, wher- 
upon the Prisoner at y" Barr came in and asked them what they were 
doing ; they said boyling of flesh ; she said they liad better they had 
Boyled the Bones, with severall other unseemly Expressions. 

Magaret Mattson saith that she Vallues not Drystreet's Evidence; 
but if Sanderlin's mother had come, she ^\•ould have answered her ; 



PROVINCIAL COUNCIL. 41 

also denyeth Charles Ashcom's Attestation at her Soul, and Saith 
where is my Daughter ; let her come and say so. 

Annakey Cooling's attestation concerning the Gees, she denyetli, 
saying she Avas never out of her Conoo, and also that she never said 
any such things Concerning the Calve's heart. 

Jno. Cock attested, sayth he Knows nothing of the matter. 

Tho : Balding's attestation was read, and Tho : Bracy attested, 
saith it is a True Coppy. 

The Prisoner denyeth all things, and saith that y'' Wittnesses speake 
only by hear say. 

After w"^'' y*" Gov'' gave the Jury their Charge concerning y* Pris- 
oner at y" Barr. 

The Jury went forth, and upon their Returne Brought her in 
Guilty of haveing the Comon fame of a Witch, but not Guilty in man- 
ner and forme as Shee Stands Indicted. 

Neels Mattson and Antho. Neelson Enters into a Recognizance of 
fifty pounds apeice, for the good behavior of Margaret Matson for six 
months. 

Jacob Hendrickson Enters into the Recognizance of fifty pounds 
for the good behavior of Getro Hendrickson for six months. 

Adjourned till y' 20'" day of y'= first Mo., 1684. 



At a Councill held at Philadelphia The 20"" day of the 1^ month, 
1684. 

present: 
\Vm. PENN, Prop"^ and Gov\ 

lam. Harrison, John Cann, Wm. VV'elch, 

Thomas Janney, Tho. Holmes, Tho. Lloyd, 

Chris. Taylor. Jno. Svmcock, Wm. Clayton, 

Wm. Wood. 

Tho. Lloyd, Wm. Clayton, Tho. Janney, Wm. Welch, Jno. 
Cann and Wm. Wood, attested to Keep Secret the Debates in Coun- 
cil, &c. 

Complaint being made to this board of a Notorious Robery comit- 
ted on the goods of hannah Saulter, this board was pleased to Issue 
out a Proclamation for apprehending & Secureing of Such Persons if 
found in this Province or Territories, or Elsewhere. 

Ordered that y^ first thing to be done to-morrow be the Running 
over the Old Laws. 

Adjourned till y= 21" 1" Mo. 84. 



42 MINUTES OF THE 

At a Councill held at Philadelphia the 21"^ of y^ I'* Mo, 1684> 
present: 
Wm. PENN, Prop"' and Gov^ 

Wm. Welch, Tho. Holmes, James Harrison,. 

Tho. Lloyd, Jno. Symcock, Chr. Taylor, 

Tho. Janney, John Cann, Wm. Clayton, 

"Wm. Wood. 

A Debate was held Concerning y' Genall Assembly Sitting at the 
Towne of New Castle : at Last the Result was that they should Sitt 
there. 

Ordered that two Letters be sent to Kent & Sussex Countyes, Con- 
cerninorthe meeting of y" Genall Assembly, to be held at New-Castle 
onthelo'" 3^ Mo., 84. 

Wm. Clayton desireing Leave to goe to upland «Ss returne on second 
day, it was granted him. 

Adjourned till y"^ 24* 1^' Mo. 84.. 



At a Councill held at Philadelphia y* 24"^of y^ T' Mo. 1684. 

rRESENT: 

Wm. PENN, Prop"' and Gov^ 

Wm. Clark, Wm. Clayton, Luke Watson, 

Tho. Janney, John Cann, Jno. Symcock, 

Tho. Lloyd, Wm. Welch, Chr. Taylor, 

Tho : Holmes, Ja. Harrison, Wm. Wood. 

They proceeded to have y^ Old Laws read Over, and to make re- 
markes on them. 

A Comittee was appointed to Inspect the Margenall notes upon the 
Old Laws, Viz': Tho: Holmes, Wm. Welch, Tho: Lloyd; which Co- 
inittee will make their report to morrow morning. 

The Laws Ordered to lie drawn Out w"" the reasons & Preamble, 
And then they pceeded to make an Inspection into y'^ bills made at 
Upland. 

The Comittee brought in a Bill for Constituteing an Other Councill 
for State's Matters. 

Upon w"^ there was a great debate, & at Last it fell. 

The Same Comittee Appointed to draw up all the Laws as amend.- 
ed and agreed ; also to draw up these news Laws. 

Adjourned till y'^ 26* 1" Mo., 84.. 



PROVINCIAL COUNCIL. 43 

At a Councill held at Philadelphia The 26"^ day of y^ 1" month, 
1684. 

present: 
Wji. PENN, Prop" & Gov^ 

Wm. Clarke. Tho : Janney, Chr. Taylor, 

Tho. Holmes, Luke Watson, Tho. Lloyd, 

Wm. Welch, Wm. Clayton, Jao. Cann^ 

Jno. Symcock, Ja: Harrison, Wm. Wood. 

A Bill read Concerning the Laws made at Upland, alias Chester, 
to be Continued w"" y" Preamble to y^ s'^ Laws. 

A Bill read Concerning repealing or Varring any of the those Laws 
made at Upland & Philadelphia. 

A Debate was held when the Laws should be in force. 

Resolved, till 20 days after the riseing of y' genall Assembly, by 
Publishing them the first Court day after y'- Riseing of y" s'' Assem- 
bly, Except those that have not times Set them. 

A Bill read Concerning fines & measures. Printing, Promulgateing 
of the Laws, w* are repealed. 

A Bill read where in Cases requires Strypes, and they r x not men- 
tioned,, that they shall not Exceed' One and twenty Strypes. 

A Bill was read, that it should be Left to y" Gov' and Prov" Coun- 
cill to discourse w"" y* Indians concerning an agreem' w"" them about 
letting them have Rum. 

The Gov' put y" Quest: All That are of Opinion that y" foregoeing 
Bills should pass, say Yee ; Past in y'^ Affirmative. 

A Bill was read Concerning Strong & Small Beer, mixt or unmixt,. 
Bottled or not Bottled. 

The Quest, being put, past in y*" Affirmative. 

A Bill read Concerning registring of Freemen and Serv'', being 
put to y" Quest; past in y*" Affirmative. 

A Bill read against Bargains made when People are in Drinke ;. 
y" Question being put, past in y' Affirmative. 

A Bill read Concerning Marriage, w* amendm'' &. additions : put 
to y* Quest., was past in y" Affirmative. 

A Bill read Concerning Arests, Speciall Courts, and arresting any 
psons in any County where he shall be found: Quest: being put,, 
past in y'' Affirmative. 

A Bill was read Concerning causes to be Tryed by y^ County 
Sessions : Quest : being put, was past in Affirmative. 

A Bill was read for Three appraisers, to be chose by the County 
Court upon Severall occasions, and y^ Goods not to be sould under 
scaven dayes after appraism', and that they shall be publicly sould : 
Quest : being put, past in y'^ Affirmative. 

A Bill read to Suppres Ordinary Keepers : Quest : put ; past in 
Affirma. 

A Bill read Impowring the Justices of Each County Court to set 
y= Wages of Workmen & Serv'', w"' a Penalty : Quest: put ; past in 
Affirma.. 



44 MINUTES OF THE 

A Bill read for hemp & flax, Linnen & Wool, on Cloth. Linnen & 
Woollen Cloth to have a price set upon it by y' County Court, y" 
hempt at d^ the pound, and y^ flax at 8^ p pound : Quest : put; past in 
y'' Aflirraa. 

A Bill read for Every man That is three years Seated to Sow a 
Bushell of Barley : Quest : put. Past in the Aflirmative. 

A Bill for a Prov" Court, Consisting of five Judges, to goe two 
Cirquits Yearly. Quest: put; past in the Affirmative. 

A Bill read for y^ Conclusion of y" Laws. Quest put; past in Af- 
firma. 

A Bill read that noe Person depart this Province if arrested, till 
Bail be given. Quest : put ; past in y" Affirmative. 

The Gov'' desired to have y" Councill always w'^ him, w'''' is nine. 
The Gov'' also desired that a Bill may be drawn up that this Towne 
of Philadelphia might Chose One more Councellor, Bucks One, d: 
Chester One; Otherwise that y' Councill must be Constant, Or 
make a Bill to allow the Gov"" to Chuse him a Councill upon all oc- 
casions, it being also a great Kindness to y" Countrey. 

A Bill also to be drawn to Enlarge y'' Councill; that is, to double 
the number in the Town & County of Philadelphia, made soe as ac- 
cording to Letters Pattents. 

Put to y^ Quest; past in y'' Affirmative. 

Tho : Lloyd appoynted to Draw the BilL 

Adjourned to y^ 27* 1=' Mo., 84. 



At a Councill held at Philadelphia y^ 27* 1" Mo., 1684. 

PRESENT : 

Wm. PENN, Prop"^ and Gov\ 

Tho: Holmes, Chr:Taylour, Jno. Cann, 

Wm. Clark, Luke Watson, Tho: Janney, 

Jno. Symcock, Jam. Harrison, Wm. Wood, 

Wm. Welch, Wm. Clayton, Tho : Lloyd. 

Wm. Welch proposed a Bill to be drawn to defray the Gov"^ Table, 
Put to y' Question: All that are of Opinion that y^ Charges of y = 
Governm' shall be defrayed by y' People of y' Governm' say yee. 
Past in the Affirmative. 

ADJOURNED INTO A COMITTEE. 

Tho. Lloyd, Chairman. 

Proposed whether the Law w'* was made for y* raising of a Tax 
should be Continued, or the Method of it for Import or Export. 

Put to the Vote, & past in the Affirmative. 

And whether y'= s"* Customs shall be a part of y' Money raised to- 
wards the Suporting y" Governm'. 

Past in y Affirmative. 

Ordered That a Pole Proportionably Layd, be debated y* first 
thing to morrow, for defraying the rest of y° Charges of y* Governm'. 

Adjourned till y' 28"* 1* Mo., 84. 



PROVINCIAL COUNCIL. 45 

At a Councill held at Philadclijliia y^ 28'" 1^' Mo., 1684, 
present: 
Wm. PENN, Proi/ and Gov^ 

Wm. Welch, Tho : Holmes. James Harrison, 

Luke Watson, Wm. Clark, John Symcock, 

Wm. Clayton, ' Chr: Taylor, Wm. Wood, 

Jno. Cann, Tho. Lloyd, Tho: Janney. 

Wm. Welch Ordered to bring a Bill for the raising of a Tax f()r 
the Support of y" Clovernm', and returne it to this board. 

Tho: Lloyd makes a report to y° Gov"^ Councill, that y" Comittee 
w'"' he was of had finished that w"'' they were about, and intend to 
bring in a Bill to n-orrow Morning; also, they have agreed that Tho. 
Lloyd should draw up the remainder of y" Bills and make a returne 
thereof. 

A Bill was read Concerning Three Members to be Chose for v" 
Councill, & Six for the Assembly, for y" Citty of Philadelphia. 
Question put; past in y" Affirmative. 

Sam" Carpenter's Judgm' towards rayseingofa Tax upon Liquors, 
Viz*: upon Brandy 12'^ y' Gall; Beer, Ale, Mum, Spanish VV'ine, 5'^ 
p. Gall; Medera, Each Pipe 50s; french Wine 4L. p. Tunn, & Give 
him this way lOOOL. by way of Customs upon goods, is his best ad- 
vise. 

The Gov' put y" Quest: all that are of Opinion that Customs shall 
be put upon Licjuors, and that all Rum, Brandy, Wines, & all sorts of 
strong Liquors & Spirits under y'' same head, Imported, shall pay 
12d. p Gall, say Yee. Past in Affirmative. 

All that are of Opinion that all Strong beer & Cyder shall pay 2^ 
p. Gall, Imported, say yee. Past in Affirmative. 

All that are of Ophiion that for not due Entry, that y'^ Law for Ab- 
rogateing of y" Law shall make all the Goods a forfeiture, say yee. 
Past in the Affirmative.- 

Adjourned till y" 29'" 1'' Mo., 84. 



At a Council held at Philadelphia y= 29'" of y= 1'' Mo., 16S4. 
present: 
Wm. PENN, Prop"^ and Gov''. 

Wm. Welch, Luke Watson, Wm. Clark. 

Jno. Cann, Jno. Symcock, Tho. Lloyd, 

Tho. Janney, Chr. Taylor, Ja. Plarrison, 

Tho: Holmes, Wm. Wood, Wm. Clayton, 

A Bill was read Concerning Members to be Chosen for y^ Citty of 
Pliiladelphia ; read a Second reading. 

A Bill read that Councellors neglecting their duty, that Others may 
he Chose to servo in their roome. Read a first reading. 



46 MINUTES OF THE 

Ordered that y' Bill of Customs be read on y^ second day next ; 
referred to \Vm. Welch to draw up. 
Adjourned till 31* T' Mo., 84. 



At a ('ouncill held at Philadelphia The 31'" day of y' 1" month, 
1684. 

PRESENT : 

Wm. PENN, Prop" and Gov^ 

Wm. Welch, Jno. Cann, Jam: Harrison, 

Wm. Clayton, Luke Watson, Tho. Janney, 

Wm. Clark, Chr : Taylor, Tho. Holmes, 

Tho. Lloyd. 

Wm. Welch Brought in y^ Bill of Custom ,• which was read a 
first reading. 

Ordered a Second reading this night. 

A Bill read Concerning Bargains made in Drinke. 

Read a Second reading. 

A Bill Concerning Steeling Cattle, good, or Rayment, Ordered to 
be drawn by Tho. Lloyd. 

A Bill read Concerning Exportation of deer Skinns ; read a Second 
reading. 

Ordered that y' Last reading of the Bill of Customs be read to- 
morrow morning. 

The Petition of Sam" Hersent was read. Concerning y' finishing of 
y* Prison. 

He is referred to y'^ Justices of y' County Court. 

A Bill Concerning Steeling of Cattle read a first reading; past in 
the Affirmative. 

A Bill was drawn Concei'ning Our Governm' Joyning w"" West. 
Jarsey, for all Warrants to apprehend all Persons by Law punisiia- 
ble. Ordered to be read to-morrow morning. 

Tho. Lloyd & Wm. Welch Ordered to draw two Bills into One, 
Concerning the Preservation of y° Prop" & Gov'', & his houshold . 

Adjourned till V 2^ Mo., 84. 



At a Councill held at Philadelphia y' 1^' of y^ 2^ Mo,, S4. 
present: 
Wm. PENN, Pi-op" and Gov^ 

Wm. Welch, Tho. Lloyd, Wm. Clayton, 

Tho: Holmes, Chr: Taylor, Wm. Wood, 

Jno. Cann, Jam: Harrison,. Wm. Clarke, 

Lu: Watson, Tho. Janney, Jno. Symcock, 

Charles Pickerin being Sent for before this Board, Declares he 
heard most of y' People of y^ County of Kent's Passages, and read the 



PROVINCIAL COUNCIL. 47 

Answers which they gave to Baltemore People : Also, he Suspect most 
of them are resolved to revalt, because Gov'' Penn hath broken his 
Promise, by not Entring and Clearing y'^ Vessells at New Castle: 
Also, if they doe it, Baltemore will Stand by them. 

Jno. Richai'dson, Tho. Heather & Tho. Wilson, made a Complaini 
against this Governm', & made their address to y" L*^ Baltemore, that 
they were Taxt to much ; he Thinks francis Whitwell and Jno. Hil- 
liard are psuaded to the rest. 

Jno. Richardson's Land was sued for in Maryland. 
The Bill Concerning the Union between us and West Jarsey, to 
have Liberty to psecute Otfenders in y'' s'* West Jarsey, was read and 
Left to a Treaty with Them. 

A Bill to Prosecute Persons That put Water into Rum, &c., was 
read, & past v^ first reading in y' Affirmative. 

A Bill read Concerning Persons Chose to serve in Prov" Council!, 
y' if they doc not serve in their Stations, or Persons of 111 fame, to be 
fined forty Shillings a day. 

Read a Last reading; past Nemine Contradicente. 
The Preamble read, w"* The additional! Laws. 
Three Bills read a Last reading and past Unanimously. 
A Bill read Concerning y^ Price of all Beer ; past the Last reading 
Unanimously. 

A Bill of Registrey read a Last reading and Past Unanimously. 
A Bill about Drunken Bargains being made Voyd, past y" Last 
reading Unanimously. 

A Bill about Steeling Liveing or dead goods past a Last reading 
Unanimously. 

A Bill about Marriage past a Last reading Unanimously. 
A Bill about arests, by proveing his debt and takeing him in any 
County, and Concerning Members of Prov" Council! and Assembly 
not to be arested before such time allowed them ; Past a Last read- 
ing Unanimously. 

A Bill that all fines & Taxes to be Assessed by distress of goods ; 
also, the Court to Set Workmen's Wages ; Past a Last reading 
Unanimously. 

A Bill tliat flax, hempt, Linnen & Woolen Cloth, of y^ Produce of 
this Countrey, to goc as Currant pay ; Past a Last reading Unani- 
)nously. 

A Bill for sowing Barley past a Last Reading Unanimously. 
A Bill that Every Court of Justice shall be a Court of Equity as 
well as Law; also, a Prov" Court for Quarter Sessions; past a Last 
reading Unanimously. 

Put to y" Question : All that are of Opinion that there shall be a 
Prov" Court, Consisting of five Judges, to Try all Criminalls & Titles 
of Land, and to be a Court of Equity, to deside all Differences upon 
appeals from the County Courts, say yee. Past in y' Affirm: Ne- 
mine Contradicente. 

A Bill to Establish Apraisers in Each County, Past a Last reading 
Unanimously. 

A Bill about Ordinary Keepers die, past a Last reading Unani- 
mously. 



48 MINUTES OF THE 

A Bill about Deer Skins not to be Exported till first put to Sale ; 
Past a Last Reading Unanimously. 

A Bill for y" Continuance of y" Laws : past a last reading Unani- 
mously. 

A Bill of Customs read a Last reading ; past Unanimously. 

A Bill tor the Preservation of y'^ Gov" Person ; past a last reading 
Unanimously. 

Ordered that the seeing to the Bills fairly to be transcribed and Ex- 
amined by the Originalls, be referred to Tho: Lloyd, Wm. Welch, 
Tho: Holmes, and Wm. Clark. The same Comitteeto draw up Or- 
ders for this board for preparing, proposing & Resolving, against their 
next Meeting. 

Put to y" Question: all that are of Opinion that y*" Genall Assem- 
bly shall meet at New Castle for this time, say yee; past in the Affir- 
mative. 

Adjourned till y^ 2" 2' Mo., 1684. 



At a Councill held at Philadelphia The 2^ of y^ 2'' month, 1684. 

peesent: 
Wm. PENN, Prop"-- and Gov'. 

Wm. Welch, Jno. Symcock, Tho. Janney, 

Tho: Holmes, AVm. Wood, Wm. Clayton, 

Jam. Harrison, Jno. Cann, Tho: Lloyd, 

Wm. Clarke, Luke Watson, Chr: Taylor. 

A Bill Concerning Lands, Corne, beef. Pork, Tabacco, Hides, &zc. 
to goe for Currant pay; past Nemine Contradicente. 

Ordered that there be an exact Ace' Kept of the members of Prov" 
Councill, that yearly goe of and Yearly are Chosen to serve there in. 

Ques' put: all that are of opinion that halfeofan Intestate's Estate 
shall goe to y^ Wife, say yee. 

Past in y" Affirmative, that she shall have no more. 

All that arc for having Intestate's Estates devided Equally, provi- 
ded the Eldest Sonn shall have halfe of y'' reall and Personail Estate, 
and y^ rest to be devided Equally amongst the rest of the Children, 
say yee : past in Affirmative. 

A Bill to Limitt the Disposall of Estates read a Last reading : 
Past in the Affirmative. 

Ordered that James Harrison, Wm. Welch, Jno. Symcock and 
Jno. Cann, goe to Kent County w"" a boat and good attendance, to 
know what the reasons is that francis Whitwell, Jno. Hilliard & Jno. 
Richardson, doe not Come up to Councill to give their attendance. 

A Commission Ordered to be drawn from this Board, under the 
Gov" hand aiKl Seale, he haveing heard of some Misdemeanors in Kent 
County, to Impower Wm. Welch, &c. 

You of this Board that are of Opinion that y' Gov' shall draw up 



PROVLNCIAL COUNCIL. 49 

a Comissiou in behalfe of himself and this board, and also draw 
up Instructions in Order to the same, say yee : past Nemine Con- 
tradicentc. 

Adjourned till y^ 3^ 2' Uo., 84. 



At a Councill held at Philadelphia The 3^ day of y''2'' Mo., 1684. 

PRESENT : 

\Vm. PENN, Prop°^ and Gov^ 

Tho: Holmes, John Cann, Wm. Wood, 

Jam: Harrison, Wm. Welch, John Symcock, 

Tho: Janney, Tho: Lloyd, Luke Watson. 

Wm: Clayton, Chris: Taylor, 

The Comission w"' Instructions for Wm. Welch, &cc. was read by 
the Gov'' for them to Act after. 

Wm. Clayton, Wm. Wood, Chr. Taylor, Tho. Holmes & Tho. 
Lloyd, Ordered to Stay with & attend y^ Gov^ 

AH that are of Oppniion that y'' Gov' shall appoint some distinction 
for the Councellors, say yea: past Nemine Contradicente. 

It is Left to y" Gov'' in a Small Councill, to send Agents to York 
Concerning y^ Publick affairs of this Province; and also to acquaint 
Jhe Gov' of York of the abuse of the L'^ Baltemore's Agents. 

Adjourned till y-^ 7'" 2' Mo., 84. 



At a Councill held at Philadelphia y' 7* of y^ 2" Mo., 1684. 
present: 
Wm. PENN, Prop"' and Gov'. 

Chr: Taylor, Jno. Hilliard, fran : Whitwell, 

Jam. Harrison, Wm. Clark, Tho. Holmes, 

Jno. Symcock, Wm. Clayton, Tho. Lloyd, 

Luke Watson. 

The Gov' desired to know what is best to doe, they haveing heard 
Wm. Welch & Abra.Mans' Letters. 

Francis Whitwell Informcs y' Councill that y^ Lord Baltemorc\s 
Comiss' Murfey, was at Wm. Darvall's, Jno. Richardson's, Jno. 
Brigg's, Tho. Heather's houses ; also, Jno. Hilliard Saith he heard the 
same. 

Ordered that the Clarke take it under franc. Whitwcll's & Jno. 
Hilliard's hand, that the Gov' of New York Ordered them to Stand to 
the Duke's Intrest. 

The Question was put whether any One should be sent to the Lord 
Baltemore, to acquaint him of the Coll. Talbot's Unmill. Actions ; 
ulso, of Marfey's, in the Lower Countyes : past in y^ affirm. 

5 



50 MINUTES OF THE 

Resolved, that orders be sent to Wm. Welch for the Removal! 
of the forceable Entrey of the L^ Baltemore, and to Prosecute the 
Persons Legally ; also, to have some things Coppied Out of y^ Duke's 
Laws, and sent hnTi. 

Ordered that some Persons goe to y^ Lower Countyes to Settle y*^ 
minds of y'' people. 

Question was put : all that are of Opinion that they w"* goe downe 
to Assist Wm. Welch, shall take a Coppy with them of Gov' Penn's 
Answer to y" Lord Baltemorc's Demand, and that One or two more 
goe along with them that Live there. Past Nomine Contrad. 

Jno. Hilliard also declared he heard Wm. Darvall forbid the People 
to pay Taxes to Gov'' Penn. 

Ordered, that noe One goe to the Lord Baltemore till such time as 
y^ members of this County, with the memb'^ of y" Lower Countyes. 
have been to Inspect the Transactions of the Lord Baltemore There. 

Adjourned till y^ 8* 2'^ Mo., 84. 



At a Councill held at Philadelphia y^ 8* of y"^ 2' Mo., 1684. 

PRESENT : 

Wm. PENN, Prop"' and Gov^ 

Tho. Lloyd, Jam. Harrison, fran. Whitwell, 

Wm. Clayton, Jno. Symcock, Jno. Hilliard, 

Wm. Clark, Luke Watson, Wm. Woods. 

Question was put by y'' Gov"' whether Talbot should, as a Quiet 
Traviller, pass the Contrey, or be Taken hold of for his Actions ac 
New Castle. 

Ordered, that a Proclamation be Issued out to apprehend those who 
made Violation into this Contrey, as y° Gov' shall see ocasion. 

Adjourned till y^ 10"= 3^ Mo. 84. 



At a Generall Assembly held at New Castle, for the Province of 
Pennsilvania & Territories thereunto Belonging, The 10"' day of the 
Third month, 1684. 

present: 

Wm. penn. Prop"' and Gov'. 

Tho. Lloyd, Tho. Holmes, Tho. Janney, 

Jno. Symcock, Wm. Welch, Wm, Clayton, 

Chris. Taylor, Ja: Harrison, Jno. Cann, 

Wm. Southersby, Jno. Hilliard, Wm. Wood. 

Adjourned to y^ Assembly for halfe an hour, and then returns: 
againe. 



PROVINCIAL COUNCIL. 51 

These Returnes were brought by y'' respective Sherrifs this day. 
Viz': Philadelphia, Chester, New Castle, Kent and Sussex. 

The Gov"' Informes the Councill that he had Called the Indians 
together, and proposed to them to Let them have rum if they would 
be Contented to be punished as y^ English were ; which they did agree 
to, provided that y" Law of not Selling them Rum be abolished. 

The Assembly attended this board & presented a Speaker, which 
was Nicholas Moore, & 

Adjourned till the Afternoone. 

POST MERIDIEM. 

The Gov' Ordered the two Comiss" that went to York to give an 
acco' of y*" aflair they went theither about, w** accordingly they did. 

The Clark of y'= Councill was sent with a Coppy of y'^ Bills and a 
Coppy of y'' Charter, to the Assembly. 

Adjourned till y^ 12* 3^ Mo., 84. 



At a Councill held at New-Castle y^ 12"' of y^^ 3' Mo., 1684. 

PRESENT : 

Wm. PENN, Prop"' and Gov'. 

V^m. Welch, Edw' Southrin, Wm. Wood, 

ffran : Whitwell, Tho: Lloyd, Jno. Symcock, 

Luke Watson, Jno. Hilliard, Tho : Janney, 

Wm. Southersby, Wm. Clayton, Tho. Holmes, 

Christ. Taylor, Edm*^ Cantwell, Jno. Cann, 

Wm. Haigue, Jam: Harrison, W^m. Clark. 

Wm. Welch desired that a Comittee may be appointed to meet any 
of y* Assembly men to Informe Concerning the Laws and to receive 
proposalls from y'' Assembly, in relation to the Bills already prepared. 

A Committee was appointed. Viz': Tho. Lloyd. Wm. Welch, Jam : 
Harrison, Jno. Cann, Tho : Holmes. 

Ordered that a Bill be drawn to amend the Law Concerning Regis- 
trey. 

Also, that a Proclamation be Issued Out to give a Longer time to 
Record their Pattents. 

Ordered that y" Clark acquaint the Assembly that a Comittee is 
appointed by the Gov' & Councill, to receive any amendm" or Altera- 
tions in the Publisht Bills, according to Charter. 

Adjourned till y" AfFternoone. 

POST MERIDIEM. 

The Petition of Evert Hendricks read. Ordered, that he be refer- 
red to y° County Court of New Castle. 

The Petition of Mathias Mathiason read ; he is referred to y" Coun- 
ty Court of New Castle. 

Alse Williams' Petition read. She is advised to make the Business 
up between themselves ; Other ways to have it Tryed by the County 
Court. 

Adjourned till y*^ 13'" 3^ Mo., 84. 



52 MINUTES OF THE 

At a Councill held at New Castle The 13'" day of The Third 
Mo., 1G84. 

PKESENT : 

Wm. PENN, Prop°^ and Gov^ 

Chr. Taylor, Wm. Southersby, John Symcock, 

Tho. Lloyd, Wm. Clayton, Luke Watson, 

.fno.Cann, Tho: Holmes, Wm. Wood, 

Jam: Harrison, Tho: Janney, ffran. ^Vhitwell, 

Edm' Cantwell, Wm. Welch, 

Andrew Johnson, ?'., } 
Hance Peterson, Def. 3 

There being a DifTerence depending between them, the Gov'' & 
Councill advised them to shake hands, and to forgive One another; 
and Ordered that they should Enter in Bonds for fifty pounds apiece, 
for their good abearance; w'"' accordingly they did. It was also Or- 
dered that the Records of Court Concerning that Business should l)e 
])urnt. 

Peter Bawcum makeing Complaint for his fees. Ordered That Phil: 
Lemane Write a Letter to y" Justices of the Peace of Kent County, 
to see that Peter Bawcum have his Just fees due to him. 

Ordered that Tho. Lloyd, Chr: Taylor, Jno. Symcock, Luke Wat- 
son, Edm"* Cantwell, fran. Whitwell attend y^ Gov' the Ensueing 
month, from the Riseingof the Genall Assembly. 

Ordered That Wm, Welch, Tho : Holmes, James Harrison, Wm. 
Wood, Wm. Clark & Wm. Southersby, attend the Gov'' the Second 
month atller the Riseing of y" Genall Assembly. 

Ordered That Tho: Janney, Jno. Cann, Wm. Haigue, Wm. Clay- 
ton, Edw" Southrin & Jno. Hilliard, attend y' Gov' y"^' 3" Month after 
y'^ rising of the Gnall Assembly. 

Peter Bawcum declareth tiiat Wm. Darvall denycd him a Warr' to 
seize Murfey, the Lord Baltemore's Agent. 

Adjourned till y'' 14* 3" Mo., 84. 



At a Councill held at New Castle The 14"- of y'' 3'' month, 1684. 

PRESENT : 

Wm. PENN, Prop"^ and Gov\ 

Chris: Taylor, Jno. Canu, Tho: Lloyd, 

fran. Whitwell. Tho: Janney, Wm. Wood, 

Jno. Symcock, Wm. Welch, Wm. Southersby, 

Edm'' Cantwell, Wm. Clayton, Jam; Harrison, 

Tho: Holmes, Luke Watson, 

The Sense of y'' Gov'' is, that y" Assembly ought to have their full 
time of Eight day to peruse the Bills to be past into Laws Observed. 

Quest : Whetlier the Sessions of y" Genall Assembly may be de- 
termined within nine days, without -Violation of Charter; also, whether 



PROVINCIAL COUNCIL. 53 

the Gov'' and Councill can dismiss the Gnall Assembly before the 
Tcrmc of Eight days, they haveing dispatcht the Buisness proposed 
to them by y° Gov' & Councill provided they desire it; past in the 
Afiirmative. • 

Adjourned till Afternoone. 

rOST MERIDIEM. 

Wm. Clark Sent a Letter to y^ Gov' and Councill, which was at- 
tested by severall of y^ Councill &. Assembly, of his Ilness ; where- 
upon he was Excused. 

Question was put, whether y'' Memb" absent should be fined five 
Shilling a Day for not appearing now in Councill, and also at y^ Pre- 
paring of y" Bills, Say yee : Past in y" Affirmative. 

All that are of Opinion that they shall pay it without remission, 
Except they can give a good reason to y" Contrary, Say yee ; past in 
the Affirmative. 

Quest : put, whether the Shcrriff Shall not be writ to for to Levie 
the Goods &. Chatles of y^ members Absent for y* paying y' five 
Shillings a day for their Neglect, Say yee ; past in the Affirmative. 

Adjourned till y"= IS"- 3'' Mo., 84. 



At a Councill held at New Castle the 15* of the S"* month, 1684. 

PRESENT : 

Wm. PENN, Prop" and Gov'. 

Wm. Welch, Wm. Southersby, Luke Watson, 

Tho: Holmes, Tho : Janney, Chris: Taylor, 

Tho: Lloyd, Jno. Cann, Jam: Harrison, 

Edm'' Cantwell, Wm. Wood, Wm. Clayton. 
Jno. Symcock, 

Two Members of y° Assembly were sent to the Councill to know 
if the Comitteeof the Councill were ready to receive their proposalls : 
they were answerd they had been ready Ever since Eight in y' Morn- 
ing. 

Adjourned for two hours into a Comittee before appointed. 

Agreed by the Assembly That a Coppy of their amendm' be lefl 
w"' y"^ Clark of y^ Councill ; also, they desire the Laws to Runn the 
Gov' & Prov" Councill. 

The Comittee Informes the Assembly that the Gov' hath Power in 
the Charter to Chuse Judges Dureing his Life. 

Quest : by the Assembly, whether all Laws Constituted to hold 
from a Ccrtaine Time can bo without y" Consent of the Assembly. 

Quest; whether in y' Bill for y'= Preservation of y= Gov'' Person, 
Compass or Endeavour be not Sufficient, and Imagine, Intend or De- 
Tiso; and likewise to Continue these Words, Writeing, Printeing, or 

5* 



54 MINUTES OF THE 

Actino-, Only Speaking to be obmitted; and that two or more VVf^ 
nesses should be to the Conviction of a Person to one and the same 
Act ; The Word Otherwise to bereft Out. 

The Assembly agree to the Word Maintaining of the Cover' Insteed 
of Imposition; also, to ad to y' same bill, not being of the Naturall 
groath of the Province, nor any part thereof nor is nor arc Exported 
from other Parts. 

The Words Imported into any Parts to be raced Out, and that noo 
One shall goe on board to Rumage the Shipps before the goods are de- 
livered on Shore. 

The fifth Parragraph to runn after their amendm'", y" Word Proprie"' 
to be put out of y'^ Bill of Excise, and Wm. Penn put in. 

Breaking open doors to be raced Out, and by due course of Law 
to be put in. 

In the Seaventh Paragraph d: 7"* Line thereof, to be them as in 
their Amendm'' ; the 10 Line al.j to be Altered; the 9* Paragraph; 
the 8 Line to be raced Out. 

Adjourned till Afternoone. 

POST MERIDIEM. 

Jos. Growdon and Jno. W hite came from the Assembly w"" some 
Proposalls for amendm*^, Viz* : 

Quest. Put, whether the Bill to have five Prov" Judges Chose by 
y' Govern' & Prov" Council) to Sta'nd as formerly it did, say yee; 
past in y" Affirmative. 

Abram May and ffrancis fl^ncher Came from y" Assembly, desirc- 
ing other Amcndm^ 

Quest, put, all that arc for having the Word Excise insteed of Im- 
])Osition, say yee; past in Afiirmative. 

All that are for haveing the Tax upon Rum and other Liquors to 
goe by the name of Publick Aid, Say yee: past in Affirmative. 

Ordered that four of y^ Members of this board acquaint the As- 
sembly of their Breach of Priviledge, and that they send their 
amendm'' in short, and reprove henry Stretcher for being dis Ordered 
in Drink. 

Adjourned till y^ 16* 3^ Mo., 1684. 



At a Councill held at New Castle y« 16* of y'= 3^ Mo., 1684. 

PRESENT : 

Wm. penn, Prop"' and Gov"'. 

Wm. Welch, Jno. Cann, Tho. Janney, 

J;j. Harrison, W^m. Wood, Tho: Holmes, 

Wm. Clayton, Ch. Taylor, Luke Watson, 

Edm"* Cant well, Wm. Southersby, Jno. Symcock. 
Tho: Lloyd, 



PROVINCIAL COUNCIL. 55 

The Gov"" Entred into a Conferrance w"' y' Assembly, and thev 
accepted of Objections of the Gov' and Councill upon Amending their 
proposalls. 

Adjourned till Aff'ternoono. 

POST 3IERIDIE:5r. 

Irancis Whitvvell was sent for by the Messinger of the Council], to 
appear and give reasons why he was absent two days ; he sends word 
lie is not able to Come; Whereupon he is Excused. 

Quest, put: all that are of Opinion that the Bill of Excise shall be 
drawn, Say yee: Past in AtBrmative. 

All that are of Opinion that a Bill shall be drawn, w"" y* Proposalls 
of Amendm" put in, Say yee : Past in the Affirmative. 

And that the Act to be Called publick Aid, by way of Defraying 
the Publick Charge of y" GovernnV, to be pay"" to the Collecf by a 
^V arrant from the Gov"^ and Councill, say yee: Past in the Affirma- 
tive. 

All that are of Opinion, that Wm. Welch should draw the Bill, say 
yee, to be brought in to morrow morning: Past in the Affirmative. 

The Speaker of the Assembly, w"' Jos : Growdon and Jno. White, 
Members thereof, attended this board w"* y*" proposall of Amendm" 
more at Large, their Clarke having made a mistake before. 

The Gov"" Informed the Councill, that barman & Moll had Each 
of them two or three Pattents from Baltemore. 

The Proposes to make an address from the Body of y^ Governm' to 
the King & Duke, Concerning Allarms & Building forts, to the 
Amazem' of the People. 

And also his giving away the Souldiers' Lands, who Took the 
Place. 

ffi^-ancis fincher & Jos. Gowdon were Sent to be Informed Concern- 
ing repealing the Old Laws. 

Adjourned till y= 17'" 3^ Mo.. 84. 



At a Councill held at New Castle y^ 17"> 3^ Mo., 1684. 

PRESENT : 

Wji. PENN, Prop"' and Gov\ 

Tho. Lloyd, Chr: Taylor, Wm. Wood, 

Tho. Holmes, Jno. Cann, Jno. Symcock, 

Edm'' Cantwell, W^m. Clayton, Luke Watson, 

Tho. Janney, Ja : Harrison, Wm. Southersby. 

John Songhurst and Jno. Hart declare they heard the Speaker say 
that the Proposed Laws Were Cursed Laws. Jos. Growdon & ffran. 
ffincher, also were present at Jno. White's when the Laws were read 
Over, and he said hang it, Damn them all. 

Ordered that Wm. \Velch & Tho. Lloyd goc to the Assembly to 



56 MINUTES OF THE 

lett them know that they have been soe long un-Dispacht of the Buis- 
ness proposed, that the Gov' Takes it very ill. 

Edm'' Bennet Sent from y'^ Assembly to desire a Conferance with 
the Comittee of y" Councill. 

Wm. Welch Brought in the Bill of Publick Aid w"" Amendm*. 

Adjourned till Afternoone. 

POST MERIDIEM. 

The Gov'' & Councill Adjourned to the Assembly. 

The Assembly desire to know whether they have not Liberty to dis- 
allow of the old Laws if they think fit, Viz' : 
15. Law prohibiting Rum to the Indians. 
44. Registring Bills & Bonds, &c. 
85, fidelity to Wm Penn ; Else to forfeit their Lands. 

115. In not promiscing Obedience to the Laws. 

Also, the Law for not Killing Cow Calves & Ewe Lambs. 

The Councill Adjourned to Wm. Welch his house. 

The Speaker, Jno. Songhurst and Jno. White, Came from the As- 
sembly, desireing One Amendm' in y" Bill of Public Aid, to Witt : 
to have all Rum made of MoUosscs put in it : being put to the Quest., 
was past in the Affirmative. 

All that are of Opinion that y" Gov'' should make this answer, that 
he intends to forgive the Offence of Killing Ewe Lambs, say yee : 
past in Affirmative. 

Registring of Bills & Bonds, &c., being a fundamental!, cannot be 
lett drop. 

The Law of Selling rum fall of it selfe. 

The Law of forfeiting Estates upon Disobedience to y° Laws being 
but y' Taile of a Law, it cannot be amended : not Lett fall. 

Which Answers was given to the Speaker, francis flfincher, Jno. 
Hart, John Blumston & Jno. Otter, to Informe the Assembly. 

Put to y' Quest, whether Wm. Welch should not draw up thePro- 
Yisor in the Bill of Public Aid, say yee: Past in Affirmative. 

All that arc of opinion that registring of families shall goe at three 
pence Each head, say yee: Past in Affirmative; this I was sent with 
to y° Assembly. 

Jno. Bellaing's Petition read Concerning y' appraisem' of y' Co- 
miss"^ upon the Estate that was Luke Watson. 

Adjourned till y^ 19* 3^ Mo., 84. 



At a Councill held at New Castle The 19'" of y° 3^ Mo., 1684. 

PRESENT : 

Wm. PENN, Prop" and Gov^ 

Tho. Lloyd, .la. Harrison, Jno. Cann, 

Wm. Welch, Tho. Janney, Edm" Cantwell, 

Tho. Holmes, Wm. Clayton, Wm. Wood, 

Chr. Taylor, Wm. Southersby, John Symcock, 

Luke Watson. 



PROVINCIAL COUNCIL. 57 

The Gov' & Prov" Councill have added Wm. Welch to the num- 
ber ofy" Comittcc to Settle the regulation of y° Revenue. 

This day y*" Prov" Councill & Assembly met, and the Bills were 
read Over and the Motives and reasons Layd open by y" Gov", and 
soe Past in to Laws. 

Adjourned till y 22'^ 3' Mo., 84. 



At a Councill held at New Castle The 22"- of y'= 3^ Mo., 1684. 
present: 
Wm. PENN, Prop"' & Gov'. 

Wm. Welch, Ja. Harrison, Tho. Janney, 

Tho. Holmes, Wm. Clayton, Luke Watson. 

Moved that a Comittec be appointed to Inspect the Journall of the 
Last Sessions of y" Prov" Councill & Genall Assembly. Wni. 
Welch, Tho. Lloyd & Tho. Holmes, were the Men appointed : also, 
to Inspect both former & Latter Laws. 

Ordered that y' Coppys Transmitted to Each County be Exact. 

It being moved in (Councill where the Charter of Liberty were to 
be Kept and if to be Exemplified to y° respective Countyes, being 
put to y^ Question. 

It was agreed that the Originall should Lie in the hands of the 
Master of the Roles, for y" time being, and that a Coppy thereof be 
Exemplified to Each respective County, under the Great Scale, One 
l)eing first finish for the Gov" Proper Ace'. 

In Persuance of an Order of a full ProV Councill & Assembly. 
Memorcndum, Viz' : 

The Words hath granted unto me the said Wm. Penn, my heirs 
and Assigns, interlined between y" fifth & sixth Line of y" first Skin 
of this Charter, and the words twentieth in the fourteenth Line of y' 
Second Skin, Changed to the word tenth, as now it is, was thus amend- 
ed by y" Consent of y^ Gov''& Prov" Councill & A ssembly at NewCastle, 
Melt y' K'l day of y" 3'^ mo., 1684, as being only defects of Clark- 
ship in the Transcribing, as apcars by y" Act of union & Settlement. 
This was done in the Presents of the Members above Mentioned. 

It was moved that Sam" Carpenter Should be sent for, to be dis- 
coursed withall about farming the Excise, but he declined it. Ad- 
journed till the Afternoone. 

POST MERIDIEM. 

Tho Receiver of y* Publick Aid or Deputy Treasurer, to have 501b. 
yearly duering the Treasurer Absence. 

One Inferior receiver in Every County, who shall receive direc- 
tions from y® Deputy Treasurer, who shall receive Instructions from 
y* Gov' and Councill; who Shall not be allowed above 201b. p. year. 

Ordered that Bcnja. Chambers or Sam" Hersent, be for Philadcl- 



58 MINUTES OF THE 

phia; Wm. Biles, for Bucks; Tho. Usher for Chester; Sam" Land 
for New Castle; Richard Mirchell for Kent; a man to be nominated 
by two or three of the magistrates, for Sussex. 

Ordered that a blanke Comission be sent downe. 

Adjourned till y^ 29"' 3^ Mo., 84. 



At a Councill held at Philadelphia The 29"' of y' S' Mo., 1684. 

PRESENT : 

Wm. PENN, Prop"^ and Gov'. 

Wm. Welch, Tho. Lloyd, Tho. Holmes, 

Wm. Clayton, Luke "Watson. 

The Gov'' put y*" Question : All that are for the receiver of the 
Publick x\id, Called Comissioner, duering y'' absence of the Trea- 
surer, say yee : past. 

Question: Whether Wm. Welch should be the person: Past in 
Affirmative. His Comission was read and approved off. 

Ordered that y'' Comiss'' give Comissions to under Officers. 

The Comissions and Attestations were read and Liked of: also, the 
forme of the Bond the under Officers are to give and their Instructions, 
were read & Liked off. 

Ordered that the Comiss'' give other Instructions to the Inferior 
officer for the Improveing the said Act according to Law. 

Ordered that Wm. Welch have a Gen'' Comission of y^ Peace for 
the Province dz; Territories, and also the under Officers to have Co* 
iTiissions to Clear all Ships. 

The Gov"" Proposeth to send a Proclamation along with the Law 
of Publick Aid ; which was w ^ One Consent agreed upon. 

The Gov"" and Councill Ordered that these Persons following at- 
tend the Councill y' 30'^ Ins' by 7 in the Morning: Jno. Day, Jno- 
Songhurst, Tho : Winn, Tho: Hooton, Sam" Carpenter, Jno. Jones, 
James Claypoole, Jno. Test, Patrick Robinson. 

Adjourned till y'' 30"' 3^ Mo., 84. 



At a Councill held at Philadelphia y' 30'" 2' Mo., 1684. 

present: 

Wm. PENN, Prop"^ and Gov^ 

Wm. Welch, Tho: Lloyd, Wm. Clayton. 

Tho: Holmes, Luke Watson, 

The Persons Ordered to Attend the Councill Came Accordingly, 
and were discoursed Concerning the Bill of Publick Aid, and Consid- 
ering the whole matter. Pat. Robinson, Jame Claypoole, John Song- 



PROVINCIAL COUNCIL. 59 

hurst, Sam" Carpenter, Tho: Winn, and Jno. Jones, were nominated 
to be persons to gett in the moneys arising by the same : 

Who, if they accept of it, they shall not only be made savers if 
they give in a Just account, but Gaynours. They are to give in an 
ace' hereof at 6 a Clock to night. 

Adjourned till 6 in the Evening. 

POST MERIDIEM. 

The Persons returne with this Answer: 

Sam" Carpenter Offers, and all of them are willing that a Survey 
may be made upon their goods, and think they shall raise three hun- 
dred Pounds or more amongst friends that may answer the thing In- 
tended; also, that they will give an ace' thereof, and get the Inscrip- 
tions to be in Lew of the Other Ingagem". 

Adjourned till y^ 31"' 3' Mo., 84. 



At a Councill held at Philadelphia y' 31* of the 3'^ month, 1684. 

PRESENT : 

Wm. PENN, Prop^ and Gov^ 

Tho: Holmes, Tho: Lloyd, Wm. Clayton. 

Wm. Welch, Luke Watson, 

The Persons before Mentioned Concerning the bill of Publick Aid, 
now being come w* their proposalls Concerning the same. The Gov'' 
& Councill Ordered the reading of them, and give this Answer : 

[No answer given. — Ed.] 

Adjourned till y^ 3^ of y-^ 4"' Mo., 84. 



At a Councill held at Philadelphia The 3'' 4* Mo., 1684. 

present: 

Wm. PENN, Prop"^ and Gov\ 

Tho : Lloyd, Wm. Welch, Luke Watson. 

Tho: Holmes, 

Samuel Lands' Letter was read. Concerning Coll. Geo : Talbot's 
gocing w'" three Musqueters to y' houses of Widdow Ogle, Jonas Er- 
skin & Andreis Tille, and tould them that if they would not forthwith 
yield Obedience to y' Lord Baltemore, & Own him to be their Prop^S 
and pay rent to him, he would Turne them out of their houses and 
take their Land from them. 

Tho: Holmes, Wm. Welch, Tho: Lloyd, apointed to be a Comit- 
tee to Looke into the Actions of y'^ Lord Baltemore, and to draw up 
a Declaration to hinder his Illegall proceedings. 



60 MINUTES OF THE 

The Petition of Wm. Darvall, Concerning a Bastard Child was 
read, and referred to y' same Comittee. 

Another Petition of Wm. Darvall's, Concerning his Disloyalty to 
y' Gov', in Denying to pay his rent, and advising Others the same; 
Also, Concerning the Gov" Letter, and denying to grant a VV'arr' to 
apprehend men coming out of Maryland, all w'* is referred to y' same 
Comittee. 

Adjourned till y' 4'" 4'" Mo., 84. 



At a Councill held at Philadelphia, y' 4"'of y' 4'" month, 1684. 

PRESENT : 

W>i. PENN, Prop" and Gov'. 

Wm. Welch, Tho ; Holmes, Wm. Clayton. 

Tho: Lloyd, Luke Watson, 

Wm. Darvall withdrew his Petitions, & therefore the Comittee 
made there returne. Thus : That he having soe done, they would Let 
the Buisness fall. 

The Gov' was pleased to bring in a Declaration to quell the Peo- 
ple of Maryland. 

Adjourned till y' 11* 4"> Mo., 1684. 



At a Councill held at Philadelphia y* ll"' of y-^ 4* month, 1GS4. 

PRESENT : 

Wm. PENN, Prop" & Gov'. 

Wm. Welch, Wm. Clayton, Tho : Holmes, 

Wm. Clark, Tho : Lloyd, Luke Watson. 

Emd^ Cantwell, 

The Gov' informes the Councill that he sent a Letter to Coll. Tal- 
bot, to know what y^ Lord Baltemore would doc in answer to Gov' 
Doungan's Letter, which was to this Effect : to Lett things remaine 
as they were, till such times as there is a Decision made by y" King 
& Councill ; he also will stay his Declaration till he heares what 
Talbot Saycs. 

Ashcom's Letter was read Concerning Talbot. 

Sam" Lands' Letter was read, informing the Gov' and Councill that 
.Fonas Askins heard Coll. Talbot say, that if Gov' Pcnn should come 
into Maryland, he would Seize him <^* his retairce* in their Journey 
to Susquehannah fort. 

Ordered that Wm. Welch doe takey" Attestation of Jonas Askins, 
Concerning what Talbot said unto him, or any of those adherent to 
him. 



*Should be retinue. 



PROVINCIAL COUNCIL. 61 



THE TITLE OF A DECLARATION. 



By Wm. PENN, Prop"' & Gov' of y= Province of Pennsilvania & 
Territories Thereunto belonging : By and with y* advice & Consent 
ofy^ Prov" Councillof y" same. 

Wm. Welch is granted Leave to goe home. 

Adjourned till y^ 12'" 4'" Mo., 84. 



At a Councill held at Philadelphia y^ IS"^ 4"- Mo., 1684. 
present: 
Wm. PENN, Prop"' and Gov'. 

Wm. Clark, Luke Watson, Tho: Holmes, 

Wm. Clayton, Edm'' Cantwell. Wm. Haigue. 

Tho : Lloyd, 

Wm. Clark Complains of Wrong done him by false reports of 
things done amiss in Open Court. The Persons names is Jno. Ed- 
minson and Wm. Darvall. 

The President's being Memb' of Councill, are appointed a Comit- 
;ee to Inspect the Virginia Laws, and to prepare such things out of 
;hem as may be Usefull for this Province, against the Next Genall 
Assembly. 

Ordered that Jno. Edminson & Griffith Jones, be Sent for. 

Griffith Jones being attested, Saith that about y' S'" Inst., John Ed- 
minson said before him & others at Capt. Brigg his house, that Wm. 
Clark, in shoeing y" Difference between the Lord Baltemore's Gov- 
'ornment and this, & how much Easier it was to Live under this Gov- 
ernment, then his tould soe many lyes and Untruths against the Lord 
Baltemore's Governm', that he could hardly bear with him; and 
further adds, that lie, y" said Edminson, said that he was goeing to 
(jlov' Penn for Patteuts for his Land in y" County of Kent, and when 
he had got them, he would goe to y" Lord Baltimore and gatt his 
Pattents for y" said Land. Jno. Edminson Stands to y' same, and 
Saith that Wm- Clark tould y" people that the Lord Baltemore De- 
nyed that Ever he had Given Out a Proclamation to Encourage y*" Peo- 
ple to Settle at y"" whore Kills, as oae of his Untruths. 

Ordered That there be a report made to this board of the returne 
of the Comiss'' w'* went to Kent County Concerning Wm. Darvall, 
and that he may have a Writing drawnc to Clear him. 

Joseph Bowie, aged 31 years, living neer Iron hill, about 8 miles 
distance from New Castle, being attested, Saith that about tenn days 
since Coll. Talbot ridd up to his house and was ready to ride over 
him, and said Dam you, you Dogg, whom doe you Seat under here, 
you dogg ! you Seat under noe body ; you have noe Warr' from 
Penn no my Lord ; therefore, gett you gon, or Else He send you to 



62 MINUTES OF THE 

St. Mury's ; and I being frighted, Says he, you Brozen faced, Impu- 
dent, Confident Dogg, He Sharten Penn's 1 erritories by & by ; and 
the Neighbours said they saw Bowles his Land Surveyed away. 
Adjourned till y'^ 18* 4*^ 84. 



At a Councill held at Philadelphia The 18th of y* 4'" Mo., 1684. 

PEESENT : 

VVm. PENN, Prop"' & Gov^ 

Jno. Symcock, Tho. Holmes, Chr: Taylor, 

Wm. Clark, Wm. Haigue, Edm'' Cantwell. 

Tho. Lloyd, Wm. Wood, 

The Gov'' desired to be Informed what Persons are fittest to ad- 
minister to ffra. Whitwell's Estate: it was thought Wm. Southersby 
and Wm. Berry who were appointed, so to be. 

The Gov"' again read the Declaration Concerning y^ Difference be- 
tween y° Lord Baltemore & himself, desireing y" Councills approba- 
tion ; who approved of it, but desired that some things for y" pscnt 
might be left out. 

Adjourned till y^ 19* of y^ 4* Mo., 84. 



At a Councill held at Philadelphia y<= lO'^of y^ 4"' month, 1684. 

PRESENT : 

Wm. PENN, Prop"' and Gov'. 

Chr: Taylor, Tho.' Lloyd, Luke Watson, 

Wm. Haigue, Wm. Clark, Jno. Symcock. 

Edm** Cantwell, Wm. Clayton, 

The Gov' Informes y'' Councill that Wm. Darval! was much dis- 
satisfied at y' proceedings of y^ Comiss'', and desires y" Opinion of y*^ 
Councill in giving him a Clearing under y'= Clarke of y'Councell his 
hand. 

Upon Inquiry made in relation to Wm. Darvall, Concerning y" 
Entertainment of one Murfey in Disafection to this Governm', 

The Comiss"^ appointed to Enquire after & to bring to condigne 
Punishem* such Disafected Persons to this Governm', as they should 
have Proof of, in the County of Kent ; 

Returned this much Concerning Wm. Darvall : that the thing sug- 
gested were not proved against him. 

Taken out of the Journall by leave of Gov' & Councill. 

The Gov' Informes Wm. Clark and Edm"^ Cantwell that they should 
draw up two Petitions ; One to y" King & One to y' Duke. 

Adjourned till the 20* 4*^ Mo., 84. 



PROVINCIAL COUNCIL. 63 

At a Councill held at Philadelphia y^ 20* of y^ 4* Mo., 1684. 

PRESENT : 

\Vm. PENN, Prop"^ and Gov^ 

Chr: Taylor, L.Watson, VVm. Clayton, 

Win. Haigue, Jno. Symcock, Wm. Clark. 

The Petition of (leo : Tiiorp read; desiring a hearing before the 
Gov' & Councill. 

The Gov' desires to know if it be not Convenient to Costitutc 
Prov" .fudges to Try Geo : Thorp's Buisness. Ordered that it be 
Tryed to morrow morning, Unless Griffith Jones shoes sufficient rea- 
son to the Contrary. 

Ordered that Griffith Jones be informed that the Gov' & Councill 
Sit at two of y*" Clock in y" Afternoone, in order to his Buisness. 

POST MERIDIEM. 

The Petition of Geo : Thorp being againe read, The Quest, was 
put whether they would be pleased to Sitt as a Court of Equity and 
Law, or a Court of Equity alone. 

The Gov' Proposes whether the two partys are Willing to have it 
Tryed by the Prov" Judges. 

Griff. Jones desire times to send for his Evidences, and also desires 
to know if it shall be Tryed by Law or Equity. 

Adjourned till y^ 25'" 6'"> Mo., 84. 



At a Councill held at Philadelphia y' 25'" of y' 5"' month, 1684. 



Wm. PENN, Prop"' and Gov'. 

Wm. W^elch, Tho : Holmes, Wm. Haigue, 

Wm. Clark, Tho. Lloyd, Wm. Clayton, 

Wm. Darvall, Chr: Taylor, Jno. Cann. 

Jno. Symcock, Tho : Janney, 

Richard Mitchell, Sherriff, made his returne from Kent County, of 
the Election of Wm. Darvall in y'= Place of ffran. Whitwell, De- 
ceased. 

Wm. Darvall Attested to Keep Secrecy. 

The Gov' Desires That the Memb' of Councill would be sure above 
any thing to Suppress Lewdness and all manner of Wickedness. 

The Gov' first proposes to the Councill, the Law Concerning Sell- 
ing Rum to the Indians. 

That is to say : advises to Issue forth an Act of State to Suppress 
selling rum to the Indians in such Quantities. 

The Gov' desires also, that Ordinary Keepers' disorders may be 
suppressed. 

Ordered that Rob* Terrill be sent for to appear before y' Gov' & 
Councill, and all others that Sell Rum to y' Indians. 



64 MINUTES OF THE 

Jno. Jones Acquaints the Councill that one Russell harbours his 
Negroes, and therefore beggs some ledress. 

Memorandum : Servats Traviling w"' out Passes, Idleing on first 
days, Unlisenced houses selling Liquors without Licence; also, sea- 
ven pence halfe penny a Meal, and one penny a q' for beer. 

Adjourned till y^ 26* 5 : Mo., 1684. 



At a Councill held at Philadelphia y-^ 26'" S"' Mo. , 1684. 

PRESENT : 

Wm. PENN, Prop"^ and Gov'. 

Wm. Welch, Jno. Cann, Chr: Taylor, 

.Jno- Symcock, Tho: Lloyd, Tho: Janney, 

Wm. Darvall, Tho: Holmes, Wm. Clark. 

Wm. Haigue, Wm. Clayton, 

Robert Terrill being brought before the Gov'' & Councill for SelliniJ- 
rum to the Indians and Other people, and Entertaining Other Per- 
son's Serv'', rece'd a repremand from the Gov'. 

A Proclamation Ordered to be Issued Out in Order to Suppress 
the same. 

Ordered that Magistrates give Instractions to the Grand Jury for 
Suppressing of Ordinarys, according to Law. 

Ordered that a Letter be writt giving Magistrates directions Con- 
cerning the Proclamation, & also of Chuseing Magistrates «Sc Peace 
Makers. 

Left to y" Gov'' Discretion to have y'' Laws & Charter printed at 
London. 

Magistrates to Look after the Peace of y" Province, & to Demeane 
themselves without a just Cause of Offence to the Indians, and then 
Discreatly. 

Tho : Lloyd, Tho : Holmes, Wm. Haigue, appointed to draw up ft 
Charter for Philadelphia to be made a Burrough, Consisting of u 
Maj' and six Aldermen, & to Call to their Assistance any of y° Coun- 
cill'. 

Adjourned till y'' 28* of y^ 5* Mo., 84. 



At a Councill held at Philadelphia y*' 28'" of y^ 5'" Mo., 1684. 

PRESENT : 

Wm. PENN, Prop"' & Gov'. 

Wm. Welch, Wm. Dai'vall, Jno. Cann, 

Wm. Clark, Chr: Taylor, Tho: Holmes, 

Jno. Symcock, Tho : Janney, Tho: Lloyd, 

Wm. Haigue, Wm. Clayton, 



PROVINCIAL COUNCIL. 65 

The Gov' put y^ Question, whether y° Gov" Charges & Expenses 
{'or the Preservation and Continuation of the Lower Countyes as 
annexed by act of Assembly to this Province, shall be reputed a 
Public Charge. 

Resolved upon y*' Question, y' y'^ Gov" Expenses preserving and 
Continuing the Lower Countyes annexed by act of Assembly to this 
Province, be held & Reputed a Public Charge. 

The Gov'' put y'' Quest: whether two-thirds or three-fourths of y" 
ffreewill Offering Money given to y^ Gov'', should be put to y' Quest. 

Past in the Affirmative. 

As many as are of Opinion that two thirds should be allowed the 
Gov'' towards the preserving & Continuing the Lower Countyes, an- 
nexed by Act of Assembly to this Province. 

Past in the Negative. 

As many as are of opinion that three fourths should be allowed. 
Say yec: Past in y^ Affirmative. 

All that are of Opinion that y° Charges of y^ Watchmen at 
New Castle should be payed out of 5^* Publick Ti'easury, till further 
(.)rder from Pi-ov" Councill, Say yee: Resolved in y" Affirmative. 

Ordered that Tho: Holmes, Wm. Haigue, Wm. Clayton, Tho: 
Lloyd, Wm. Darvall, Wm. Clark, or any two of them. Inspect y^ 
Bills of Benj. Acrod, Deceased, before such time as they are payd. 

Adjourned till y'= 14* 6* Mo., 84. 



At a Councill held at Sussex The 14* 6* Mo. 1684. 

PRESENT : 

Wm. PENN, Prop'' and Gov'. 

Tho: Lloyd, Tho: Holmes, Wm. Darvall, 

Wm. Clark, Ja: Harrison, Luke Watson. 

The Differance between Luke Watson and Jno. Bellamy, touch- 
ing the appraism' formerly Ordered by y° Gov' & Councill, &c. 
The sayd Luke Watson & Jno. Bellamy agreed before y' Gov' & 
(^uncili, as followed : 

That the said Luke Watson shall Continue upon y' three hundred 
Acres at Prime hook, wheron are his Improvem", togather with the two 
hundred Acres adjoyning thereto ; and in Consideration thereof, the 
.said Jno. Bellamy shall have the four hundred fifly-seaven Acres as 
p. Pattent, being formerly the Lands of One Wm. Canes, and Seated 
by Prentice, and to assigne and make Over their Intrests to 

Each Other in y^ said Lands, by Legall Conveyances, &c. And y^ 
Said Luke Watson shall further pay unto the said Jno. Bellamy, one 
Bullock, or Vallue thereof; and thus they agreed & shaked hands. 

Adjourned till The 18'" of y" 6* Mo., 1684. 

6* 



66 MINUTES GF THE 

At a Councill held at New Castle The 18* of y' 6'" month, 1684. 

PRESENT : 

THOMAS LLOYD, President. 

Wm. Welch, Jno. Symcock, Edm'' Cantwell. 

Jam : Harrison, Tho. Holmes, 

A Comission from y^ Gov'^was read, Impowringthe Prov" Councill 
to act in the Governm' in his Steed, Tho. Lloyd being Presid' of y" 
same. 

Also, a Comission for Tho. Lloyd to keep the great Seale, was 
read. 

Prov" Judges appointed by Comission, Viz' : Wm. Welch, Nich. 
Moore, Wm. Wood, Rob' Turner & John Eckley. 

Adjourned till 19*^ 6'^ Mo., 84. 



At a Councill held at New Castle The IQ'" of y^ 6"- month, 1684. 
present: 
THOMAS LLOYD, Presid'. 

Chris: Taylor, Jam. Harrison, Wm. Clayton. 

Tho. Holmes, 

The Commission for the great Seale was againe read, and the Seale 
delivered to Tho. Lloyd. 

A Comission was read Impowring Tho. Lloyd, James Claypoole 
& Rob' Turner, to Signe Pattents and grant Warrats. 

Wm. Clayton, Rob' Turner & Dan" Pastoruses, Comission for Jus- 
tices of y" Peace for Philadelphia County was read. 

Wm. Clark's Gen" Comission for y" Peace was read, and filled up 
in Councill. 

Adjourned till 24"' 6*^ Mo., 84, 



At a Council! held at New Castle The 24*^ of the 6"" month, 1684. 

PRESENT : 

THOMAS LLOYD, Presid'. 

James Harrison, Wm. Haigue, Chris. Taylor. 

.Jno. Symcock, Wm. Clayton, 

Ordered that the next Justice in Comission to the Presid' of the 
Court of New Castle, doe officiate iu the same till further Order. 
Adjourned till y^ lO"' 7"' Mo,, S-i. 



PROVINCIAL COUNCIL. 67 

At a Councill held at Philadelphia the 10"^ of y' 7"" Mo, 1684. 

PRESENT : 

THOMAS LLOYD, Presid'. 

The. Holmes, John Symcock, Wm. Clark, 

Chr: Taylour, Wm. Clayton, Edm'' Cant well, 

"Wm. Wood, Jam. Harrison, Jno. Cann. 

Wm. Welch being deceased, the Memb" of Councill for N. Castle 
County, Informed the Councill of y'' Want of one in his place: 
Wherupon, the Presid' put y" Quest., whether or not there should be 
a Writt sent downe to Chuse a Memb. to serve in his steed : past in 
y" Affirmative. 

Quest. Whether the Managem' of the Genall Survey" Place of New 
Castle County, Should be put into the hands of Tho. Holmes, Surv'' 
Gen" of y" Province, till further orther ; and that Tho. Person be his 
Deputy for y" Time being, he receiving Instructions from y" Gen" 
Surveyor. Past in Affirmative. 

Information being given to this board that the Widdow Ogles' hay 
was thrown into y'' Creek, and Andrew Stelle's Clouths Terne by 
Coll. Talbots' People, who did it by his Order, Edm'' Cantwell and 
Jno. Cann were Ordered to Inspect the thruth of it, and to make a 
Speedy report of y"" same to this board. 

Adjourned till y^ ll"- 7"" Mo., 84. 



At a Councill held at Philadelphia The 11* of y^ 7* month, 1684. 
present: 
THOMAS LLOYD, Presid'. 

John Symcock, Jam. Harrison, Tho. Holmes, 

Wm. Clayton, Wm. Clark, Chris. Taylor. 

Edm'' Cantwell, Jno. Cann, 

It being proposed by a Memb' in Councill, that a New Comission 
of the Peace be granted for the Countys of Philadelphia &; New Cas- 
tle, by reason of y^ removeall and Decease of y'' sayd Presid', it was 
Unanimously agreed that New Comissions should be Issued Out. 

Ordered that Notice be given to the Prov'' Judges, to request them 
to appear in Councill to Morrow, at the 9"^ houre. 

Adjourned till y'- 12"' 7*^ Mo., 84. 



At a Councill held at Philadelphia The 1'2"> of y' 7''' Mo, 1684. 

present: 
THO: LLOYD, President. 

Jno. Svmco^k, Edm'' Cantwell, Jno. Cann, 

Tho: Holmes, Wm. Clayton, Wm. Clark. 

Chr: Taylor, 



68 MINUTES OF THE 

Ordered that upon the Decease or Absence of y" Present President 
from this Province or Territories, that it shall and may be Lawful) 
for the Prov" Councill, upon any urgent Emergency, to meet to- 
gether, & Chuse a Presid' or "Vice prasid', as Occasion shall Offer, 
from time to time. 

Wm. Clayton & Robt. Turner attested Justices of y' Peace, for y" 
County of Philadelphia. 

Ordered that the King's Proclamation forbidding his subjects to 
Enter into the Servis of forreigne Princes, be read to morrow by the 
Sherriff, in the most publick places of Philadelphia, at tenn of the 
Clock to morrow ; and to be affixed in a Publick place for the Publick 
View. 

Ordered that a Comission be speedly Issued fourth for One to Sup- 
ply the place of a Prov" Judge, Lately deceased. 

Ordered that it be referred to y'= Presid' and psent Memb", to Co- 
missionate I'reasurer if Occasion be. 

The Comission of y*' five Prov" Judges was this day delivered unto 
Nicholas Moore & Robt. Turner, who were accordingly Attested. 

The Coppy Wherof is as followed. Viz': 

Wm. Penn, Prop"y & Gov'' of y" Province of Pennsilvania & Ter- 
ritories thereunto belonging, 

To my Trusty & Loving friends, Nicholas Moore, Wm. Welch, 
Wm. Wood, Rob' Turner & John Eckley. Greeting : 

Reposing Speciall Confidence in y" Justice, Wisdom and Integri- 
ty, I doe, by Virtue of y" King's Authority, derived unto me. Consti- 
tute you Provinciall Judges for the Province and Territories, & any 
Legall Number of you a Prov" Court of Judicature, both fixed and 
Circular, as is by Law directed, giving you and Every of you full power 
to act therin according to y** same; Strictly Chargeing you and Every 
of you, to do Justice to all and of all degrees, without delay, fear, 
favour or Reward : And I doe hereby require all Persons within the 
Province and Territories aforesaid, to give you y" due Obedience and 
respect belonging to your Station, in the Discharge of your Dutys. 

This Comission to be of force duering two years Ensueing y' Date 
hereof. You and Every of You behaving yourselves well therein, and 
Acting according to y' same. 

Given at Philadelphia, y*" fourth of y^ sixth Month, One thousand 
six hundred Eighty & four, being y^ thirty Sixth year of y' King's 
Raign, & y" fourth of my Governm'. 

THE ? WM. PENN. 



Postcrip: For y' three Upper Countyes and Towne of Philadel- 
phia. 

WM. PENN. 

Ordered that the Registrey's Office for the County of New Castle, 
be managed by Jno. Cann, till further Order. 

Ordered that y*" Presid' and Present Members may have power out 
of Councill to grant Licenses. ^ 

An Information being given to this board from Sam" Land, High 
Sheriff of the County of New Castle, That there was a Ship Lately- 
arrived which was an unfree Bottom ; Whereupon he seized her. 



PROVINCIAL COUNCIL. 69 

Ordered that Wm. Clark, Jno. Cann, Edm*^ Cantvvell, Peter Al- 
drichs, and Jno. Williams, or any three of them, Strictly Inquire into 
the Nature and Truth of y" Information, and Transcefer an acco" there- 
of to y'' Presid*, or in his absence to Tho : Holmes. 

Ordered in Councill, that y" Presid' & Members present may Em- 
power such as they think fitt, to be a Court of admiralty, for the hear- 
ing and determining the State and Case of the Shipp Seized ; and 
that upon all other, and the Like urgent Occasion, that the Presid' & 
Pres" Members may, in absence of y*" Councill, proceed to act therin 
w"' Prudence, Law and Discretion, according to y" Necessity of y'' 
Matter, and that an account of y^ same be reported to y' next Coun- 
cill. 

Adjourned till y' 14* 8'" Mo., 84. 



At a Councill held at Philadelphia The 14'' 8"" Mo., 1684. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Thorn: Holmes, Luke Watson, Wm. Clayton. 

Wm. Haigue, 

The Ship Called the harp, of London, Robt. Hutchins Master, 
Ijeing by this board Called in Question for his Ship's being an unfree 
Ship, and upon Consideration had by this board and Sam" Horsent, 
Prosecutor, in behalfe of Sam" Land, Prosecuting &; desii'eing Judg- 
ment against the said Ship. 

Monsieur Dethees, Master, Alias Pilot, appearing in person in Coun- 
cill, produced a Past under the hands of theComiss" of London, and 
Seal of the Custom house, dated y'^ 9"' May, 1684; but positively de- 
clared that he had noe Clearing to produce, neither (as he said) could 
lit.' produce any from the Admiralty Office of Darby house, and that 
Mounsieur Duthees that had been Employed to dispose of the Charity 
given to some french Protestants of good Quality, bound for Penn- 
silvania, did Solicite at y^ s'^ Admiralty for a Clearing, but could not 
obtaine it; Hezekias helmont, Ed'' Hunter & Jeffrey Johnson, Sea- 
men & Saylors on said Ship, being also called, and Personnally appear- 
ing m Councill, & being Interrogate severally and Joyntly, declared 
that they knew nothing of the Clearing of the said Ship, and that 
they know nothing of her being an unfree Ship till they came to 
burnegat, where they then heard of one above that Knew more than 
they, that Shee was an Unfree Ship. 

The board upon hearing of the whole matter, and all that could be 
alleged in behalfe of said Ship, It is y" Judgm' of the board that Shee 
is an Unfree Ship, & so forfeited. 

Condemnation and Sale of the Ship harp of London, By the Presi- 
dent & Members of Prov" Councill of the Province of Pennsilva- 
nia, and Territories thereunto belonsinor : 

Information being made to this board by Sam" Land, that a Cer- 
taine Ship called the harp, of London, Lately arrived with Passingers 



70 MINUTES OF THE 

from London, in England, and now riding before the towne of Phila- 
delphia, in the Province of Pennsilvania, is a french Bottom, and noe 
ways made free to Trade or Import any goods into any of his Majes- 
ty's Plantations in America, and soe under the forfeiture Exprest in 
the Laws of Navigation, upon a full hearing of the Buisness in Coun- 
cill, the fourteenth of y^ Eighth Mo., 1684, And by the Ingenious 
Confession of the Master, who Termes himselfe Pilot of y" said Ship^ 
who produced a Pass under the hand of y" Comiss" & Seale of the 
Custom house at London, Dated the Ninth of the Second* Month, 
1684, but positively declared that he had noe clearing to produce, 
Neither (as he said) could he produce any from the admiralty office 
of Darby house, and that Mounsieur Duthees that had been Employ- 
ed to dispose of the Charity given to some french Protestants of good 
Quality, bound for Pennsilvania, did solicite at said Admiralty for 
Clearing, but could not obtaine it, the seamen & Saylors, Viz' : Heze- 
kias Helmont, Edw'' Hunter, and Jeffery Johnson, of y^ s** Ship being 
called, and personally appearing in Councill, did declare Joyntly & 
Severally, that they knew nothing of her being an unfree Ship untill 
they came to Barnegatt's, where they then heard that shoe was an 
Unfree Ship; and Sam" Land being prosecutor, Desireing Judgm', the 
President and Prov" Councill upon hearing of y' whole matter & all 
that could be alleged in behalfe of y" said Ship. 

Have and doe adjudg and Condemn y^ Said Ship as aforesaid, for- 
feited according to Law, the 14"" of the 8* month, 1684 ; and Comiss" 
being respectively appointed for y*" View, apraisem' &. sale of y^ said 
Ship, w"'Tackle, apparrell & Amunition, &;c. did accordingly, between 
y° hours of three & five of the day in y" afternoone, being the 14 of 
the 8 month, 1 684, Sel the said Ship by the Inch of Candle, to Bar- 
naba Wilcox, for fifty-nine pounds ten Shillings six pence ; whom 
we doe Declare to be the Sole, Right, and LawfuU Owner of y' said 
Ship. 

THOM. LLOYD. 

Adjourned till 22* 8* Mo., 84. 



At a Councill held at Philadelphia ye 22* of y^ 8'" Mo., 1684.. 
preseivt: 
THOMAS LLOYD, Presid'. 

Wm. Clark, Tho : Holmes, Luke Watson, 

Wm. Clayton, Wm. Haigue, Pet' Alrichs. 

Ordered that John Songhurst, Wm. East, Thom : Taylor, apraise 
y^ french Ship w* is forfeited, and make returne fourthwith to thi» 
board. 

Ordered that James Claypoole, Sam" Carpenter, & Wm.. framp- 
ton, be Comiss"* to Dispose of y" french Ship fourthwith. 

^Should be third. 



PROVINCIAL COUNCIL. 71 

Ordered that Wm. Darvall, Grunadus Wessel, Jno. Brigs & Dan" 
Jones, have Comissions for Justices of the peace for Kent County. 

Ordered that Peter Alrichs, Rob' Owen, Edm'' Cantwell,& Abram. 
Man, have Comissions for Justices of the peace for New Castle 
County. 

The Returne of the Sheriff of New Castle was this day read, for 
the Choyce of Peter Alrichs to be a Councellor for that place, Who 
was this day attested in Councill. 

The Petition of Edm'' Cantwell was read, and the Councill Ex- 
prest their unwillingness to take Cognizance thereof, by reason had 
regularly his Legall remedy from the Prov" Court, to which he ap- 
pealed, and should have prosecuted his Complaint & Greavance ; how 
Ever, they thought it advisable to have a Letter Sent to the Clark of 
the County of New Castle by the Clark of the Councill, to send up 
to this board w"" all Expedition, a Coppy of the appeal, Judgm' Bond 
and Execution, w"' the Declarion Plea and Verdict Entred & Issued 
out against the Complainant. 

Adjourned till 24* 8'" Mo., 1684. 



At a Councill held at Philadelphia y"= 24"' of y^ 8'\Mo., 1684. 
present: 
W^i. CLAYTON, Presid'. 

Chr: Taylor, Ja : Harrison, Wm. Wood, 

Jno. Symcock, Tho. Janney, Wm. Darvall. 

Ralph ffretwell Complains to the Councill that he cannot have his 
Land Laid Out by reason of the Contention of the Survey^ 

Tho: Holmes being sent to by the Clarke of the Councill, to know 
his reason of not Issuing out his Warrant to Survey y'^ Said Ralph 
ffretwell's Land, his answer was, he would not Issue out his Warrant 
to Charles Ashcom, But he would Issue out his Warrant according 
to his Comission. 

Wherupon the Councill made this Warr' following : 

For as much as Ralph ffretwell hath made his Complaint to us that 
he cannot have his Land Surveyed and Layd out according to the 
(lov"^ Warrant, Wee having Sent to Tho: Holmes to put y"-' said 
Warr' in Execution, Viz': to direct Charles Ashcome, Survey"" of the 
County of Chester, to lay out the Same, and he refusing soe to doe ; 

These are therefore, to will and require Thee fourthw"" to Survefj, 
or caused to be Surveyed, unto Ralph ffretwell, the said Tract of Land, 
beginning halfe a mile above Concord, and soe through New Towne, 
Saveing Every man's right their already Surveyed to them in y*" said 
Towns Ship, and Soe up N. N. W, till you come to y" full Extent on 
that side, and soe onwards untill the said Warrant be Accomplished, 
by a Square of tenn or twelve miles, or any Quantity that may bo 
Conteined in the same, according to y^ Treu Intent and meaning of 
y' Gov'' Warrant. 



72 MINUTES OF THE 

James Harrison and Jno. Symcockwere Ordered to Discourse The. 
Holmes Concerning Ralph ffretwell. 
Adjourned till 25* 8 Mo., 84. 



At a Councill held at Philadelphia y' 25"" 8 Mo., 1684. 
present: 
THO: LLOYD, Presid'. 

Jam. Harrison, T^uke Watson, Wm. Haigue. 

Wm. Clark, Wm. Clayton, 

Barnabas Wilcox had two hours granted him to give his answer to 
the Presid', whether he will have the french Ship as he bought her 
or not. 

A Prov" Court being by Law and under the great Scale by y'' 
Propr""" &: Gov'' Established, it was Judged advisable and Expedient 
that for the future the Prov" Councill may draw up and Endeavour 
to ascertaine the Legall Bounds and Jurisdictions of the Respective 
Courts of Judicature in this Province & Territories, least through 
the Inadvertancy, Indiscretion or unskillfullness of any Persons Judi- 
cially Comissionated, in the Discharge of their Duty, they, or any 
of them, may act Eregularly, to the Disatisfaction of y° Governm', 
Disreputation of themselves, to y' Vacuating and Insecurity of such 
acts & Judgment of y^ said Courts, & Consequently by the Intrench- 
ing of one Court upon y^ Matters Cognisable by an other Judica- 
ture, Annimositys, Disrespect and Confusion may be introduced. 

For the Prevention Wherof, and y'' preserving of a Respectful! 
Notice and Corispondance, and for y'^ Continueing a Suitable regard 
to the due Determination of y" Comiss"^ of Each Court, It was agreed 
in Councill that such Instructions, Soe drawn up, may be recomended 
I'D the notice of y*" Respective Comiss'^. 

Adjourned till y-^ 30'" of y' 1" month, 85. 



At a Councill held at Philadelphia The 30* of y' first month, 1685. 

TRESENT : 

THOMAS HOLMES, Presid'. 

Chris. Taylor, Tho : Janney, Nich. Newlin, 

,Tno. Svmcock, Jno. Barnes, Phin. Pemberton. 

Wm. Wood, 

The Returne of Philadelphia Read. 
The Returne of Bucks read. 
The Returne of Chester Read. 

John Barnes, Nich. Newlin & Phinihas Pemberton, were this day 
attested to Keep Secret the Debates of Councill. 
Adjourned till y" 31'" 1" Mo., 85. 



PROVINCIAL COUNCIL. 72 

At a Coimcill held at Philadelphia the 31 1" Mo., 1685. 

PRESENT : 

THOMAS FIOLMES, Presid'. 

Chris: Taylor, Wm. Wood, Jno. Barnes, 

Jno. Symcock, Jno. Cann, Nich. Newlin, 

Tho. Janney, Phin: Pemberton, Peter Alrichs. 

The Returne of the Sherriff of New Castle was read. 

Put to y" Question, Whether y" Members not coming to Councill 
yesterday be willfuU absence. 

Past in the Negative. 

Put to the Question, Whether those two SherrifF's which have not 
made their returnes should be fined or not for Neglect of Duty, and 
whether tenn pounds fine should not be Layd upon Each. 

Past in y* Afhrmative. 

Ordered that y" SherifFof New Castle pay 20s. fine for not making 
returne in time. 

Jno. Cann, Jno. Barnes, Nich. Newlin & Phin. Pemberton, and as 
many more as pleaseth, apointed a Comittee to read Over y' Laws. 

Adjourned till y" V 2^ Mo., 85. 



At a Councill held at Philadelphia y' 1^' 2^ Mo., 1685. 
present: 
THOMAS HOLMES, Presid"-. 

Wm. Wood, Peter Alrichs, Jno. Symcock, 

Jno. Cann, Phe : Pemberton, Chris. Taylor, 

Tho: Janney, Nich. Newlin, Jno. Barnes. 

The Petition of Christopher Penock & Co. Concerning the ferry 
at Skoolkill, v/as read. 

Oi'dered y' an Order of yc Councill be Sent to Phillip England, to 
Expedit a sufficient ferry Ijoat for horses and Cattle to pass to and 
fro over the Scoolkill, as also to make y^ way on both sides Easv 
and passable bath for horses and man, to Loe VVater Marke; Other- 
ways y° Councill will take care to Dispose of it to such as will pfbrme 
y' same. 

It being Moved in Councill to have the Line of Separation known 6c. 
distinguish' between y" Countyes of Philadelphia and Bucks, at y' 
River Dellaware, the County of Bucks to begin at Poaquesson Creek, 
and soe to take in the Easterly side thereof, togather with y' Town- 
Ships of Southampton & VVarminster, and thence backwards. 

And severall Members of Councill acquainted this board that they 
heard the Gov" Positively grant & say, that the aforementioned Line 
should be the Devision between the two said Countyes, and being put 
to y° Question, whether that should Stand as y" division of y'Coim- 
tyes aforesaid, it was carried in the Affirmative, Nomine Contradi- 
ceute. 

7 



74 MINUTES OF THE 

Ordered that an Order of Councill be Sent to y' Sheriff of Each 
County abovesaid, to the End that they may know the Limitts <k. 
bounds of each respective County. 

The Question was put, whether Sam" Land should Continue Hhe- 
riff for the County of New Castle for y' Next year. 

Past in t]ic Afiftrmative. 

Wheras; the Gov' in psence of John Symcock and Wm. Wood, 
was pleased to Say & grant That y* bounds of the Countys of Ches- 
ter & Philadelphia should be as followed, Viz': 

That the bounds should begin at the Mill Creek and Slopeing to y' 
Welch Township, and thence to Scoolekill,&c.,in obedience thereto 
and Confirmation thereof. 

The Councill having Seriously Weyed & Considered the same, 
have & doe hereby Agree and Order that y'' bounds betwixt the said 
Countys shall be thus; That is to Say: 

The County of Chester to begin at y^ Mouth or Entrance of Bough 
Creek, upon Delaware River, being the uper End ofTenecum Island, 
and soc up that Creek, deviding the said Island from y" Land of An- 
dros Boone & Comp^ ; from thence along the Severall Courses there- 
of to a Large Creek Called Mill Creek; from thence up the Severall 
Courses of the said Creek to a W : S : W : Line, which Line devided 
the Liberty Lands of Philadelphia from Severall Tracts of Land be- 
longing to the Welch & Other Inhabitance; and from thence E: N: 
E: by a Line of Marked Trees, 120 perches more or Less; from 
thence N: N: W : by the harford Township, 1000 perches more or 
less ; from thence E : N : E : by y'' Land belonging to Jno. Hum- 
pheris, 110 perches more or less; from thence N: N: W: by y' 
Land of Jno. Ekley, 880 perches more or Less ; from Thence Con- 
tinuing y^ said Course to the Scoolkill River, w'*" s"* Scoolkill River 
afterwards to be the Naturall bounds. 

The Question was put, whether the afore mentioned Creeks, Courses 
and Lines, shall be the bounds betwixt the Countys of Philadelphia 
& Chester, according to y" Gov" grant as aforesaid; Unanimous 
Carried in y" Affirmative. 

Motion being made for a Rainger for the County of New Castle, 
the Councill Unanimously Chose Peter Alrichs to be Rainger of y*" 
said County for One year. 

Ordered' that he have a Comissinn drawn for that purpose. 

Ordered that Rich. Parker have Licence to Keep an Ordinary at 
Darby Creek. 

Adjourned till y'^ S*" 2"^ month, 168.5. ^ 



At a Councill held at Philadelphia y^ C>' 2" Mo., 1685. 

present: 
THOMAS HOLMES, Presid'. 

John Svmcock, Jno. Cann, Plie. Pcmberton. 

Tho. Janney, Jno. Barnes, Wm. fframpton, 

Wm. Clark, F Alrichs, Chris. Taylor, 

Wm. Wood. Nicho. Newlin, 



PROVINCIAL COUNCIL. 75 

Wm. Clark being attested, deposcth that he saw ye returne of the 
S}ii;rritr of y*" County of Kent for a member of Councill, and he did 
read in the returne that Wni. fframpton was y" man Chose for tlie 
memb'' of Councill. 

And it being put to the Question whether that was sufficient for 
him to Sit, past in the Affirmative. 

The Lycence of John Hill Ordered to be renewed. 

The Returne of y"" Sherriff of Lewis County was read, Jno. Roads 
Returned Councellor. 

Ordered that a Comission be drawn for John Cann, Peter Alrichs, 
Rich. Owen, Johanas D. Haes, James Walliams, Hendrick Williams, 
Vallentine Hallingswoorth, Edw'^ Green, Wm. Guest, Hendrick Le- 
man, to be Justices of the Peace for y'' County of New Castle, for a 
year. 

Wm. fframpton was this day attested in Councill to keep Secresy. 

Ordered that a Bill be drawn for Sevcrall sorts of fines Exprest in 
the Laws of this Province, to be raised, Leavied and payd. 

Ordered that a Bill be drawn to y" End the time of Enrolm' be 
Enlarged to Six months of Charters, deeds & Conveyances, & that 
y*" Clawse of Bill Bonds & Specialties be left Out, and y" Word Pat- 
tents be added and Incerted after the Word Charter. 

Ordered that a Bill be drawn for Indemnifieing all forfeited Deeds 
not Enroled in Time, and that y^ said deeds shall stand Valid to all 
intents and purposes, as if they had been Enroled. 

Ordered that a bill be drawn up That y" Word Equity be left out 
in ye Law off" County Courts. 

Put to y^ Question ; whether the 87 Law should be repealed, and 
one year be put in the roome of six months, and be new drawne: past 
in the Affirmative. 

Put to y" Question ; whether the penalty should be taken out of the 
Law of Education ; Past in the Affirmative. 

Ordered that Wm. fframpton, Phin : Pemberton and Jno. Cann, 
<loc draw up a Bill that all pay may be made in Kind according to Con- 
fract; also, that they bring in the Distance of takeing up of Servants. 

Adjourned till 4 2 Mo., 8-5. 



At a Councill held at Philadelphia y' 4"* of 2'^ Mo., 1685. 

present: 
THOMAS HOLMES, Presid'. 

Wm. Wood, Jno. Symcock, Wm. Clark. 

P' Alrichs, Jno. Cann, Luke Watson, 

Wm. ffi-ampton, Jno. Barnes, Nich. Newlin. 

Phin: Pemberton, Tho. Janncy, 

Put to y*" Question ; whether the 134 Law should be repealed, and 
one or more drawns with amendments, in respect oi' Serv" . 
Past in. the Affirmative.. 



7ft MINUTES OF THE 

Wm. Clark is desired to bring in a forme of Indictm'' and attachm", 
against the next Sitting. 

Ordered that a Bill be drawne for Watch and Ward, and be left to 
y° Justices of Every County, or any four of them, to settle time and 
place, with 5d. penalty for Every One that shall neglect. " 

Put to y" Question : Whether y" 41 Chapter of Laws should be re- 
pealed, and another made in the roome with this amendm': Person 
instead of Man: past in y*" Aflirmativc. 

Nath. Aliens, Comission for gager & Sealor of Weights & Mea- 
sures, was read and left to be Considered. 

Put toy" Question; Whether y" 103 Law should be repealed con- 
cerning gagcing : Past in the Affirmative. 

Ordered that Wm. ffi-ampton draw a new bill for the Size of Caske 
Exported, and also to be Used within this Province, &c. 

Put to y* Question ; Whether there shall be a Gallon, peck & Bush- 
ell be Sealed in Every County of this Province, to be maintained at 
their owne Charge; past in Affirmative. 

Put to y^ Question; Whether a Law should be made for a Penalty 
to be Laid upon such as Cutt or fall Marked or bounded ti'ces; Past 
in the Affirmative. 

Ordered y' Jno. Symcock, Jno. Cann, Wm. ffi'ampton & Phinihas. 
Pemberton, be a Comittee to draw up the former bills. 

Adjourned till 6'" 2' Mo., 85. 



At a Councill held at Philadelphia y= 6* 2^ month, 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

Wm. Clark, Luke Watson, Jno. Barnes, 

Wm. ffi-ampton, Jno. Cann, Chr; Taylor, 

Tho: Janney, Phin: Pemberton, Jno. Symcock, 

Nich. Newlin, Peter Alrichs, Wm. Wood. 

Put to y° Question ; whether y'' Persons Concerned in y' Subscrip- 
tion of money in Lue of y*^ Pubiick ayd, should be sent for in Order 
to pforme what they undertooke : Past in y" Affirmative. 

Put to y'' Question; whether this following Writing should be the 
foreamble to the Order of Councill for y*" Division of Countyes: Past 
in y" Atfirmative. 

Wheras, there is a Necessity to Ascertaine the bounds of the seve- 
ral Countys of the Province of Pennsilvania, in Order to the raiseing 
and Collecting of Taxes, Public Monys, and Other ways to adjust y' 
Limitts of their respective Sherriffs, for y" Performance of their powers 
and Dutys ; and also, that y" People might know unto what County 
they belong and appertainc, To answer their Dutys and places : 

Ordered that a Comission be drawne for James Harrison, Tho : 
Janney, Wm. Yardley, Wm. Biles, Wm. Beaks, John Ottor, Edm"* 
Bennet & Jno. Swift, to be Justices of the Peace for y' County of 
Bucks, the year Ensueing- 



PROVINCIAL COUNCIL. 



77 



Ordered that a Comission bo drawne for Jno. Symcock, Wm. 
Wood, Nich. Newlin, Rob' Wade, Geo. Maries, Tho : Usher, Robert 
Riles & Jolin Blumstone, to be Justices of y" Peace for Chester Coun- 
ty, the year Ensueing ; But Left to the President and members of the 
said Count)- to Leave Out four of them. 

Put to the Question ; Whether there should not be a Bill or Bills 
drawn to fine Justices & Sherrifs for their Neglect of their Duty ; 
Past in the Affirmative. 

The Petition of Widdow Acrod was Delivered into this board by 
Nicho. Moor, her Atturney; was read, & proof being made by her 
said Atturney of her being Married to Benj. Acrod, Deceased, by a 
Certificate from the Late Lord May'' of y'' Citty of London, S' Henry 
Talse, and a Letter of Atturney also produced, Constitutein" the said 
Nich. Moore her Atturney. 

Ordered therefore, that Patrick Robinson be sent to attend this 
Board, to give an account of y" Estate of Benj. Acrod, Deceased. 

Adjourned till 7"' 2'' Mo., 85. 



At a Councill held at Philadelphia y' 7"^ of y" 2^ month, 1685. 



Luke Watson, 
Phin: Pemberton, 

Nich. Newlin, 
Jno. Barnes. 



present: 
THOMAS LLOYD, Presid'. 
Tho: Holmes, Tho. Janney, 

Wm. Clark, Jno. Cann, 

Jno. Symcock, Peter Alrichs, 

Wm. Wood, Wm.~ flframpton. 

The Gov" Comission to the Councill was this day read. 

A Bill Concerning runaway Servants was read a first reading Past 
Nemine Contradicente. 

A Bill Concerning Indemnifieing of Pattents, Gift, Grants, &c., 
not Enroled, read a first reading : past N. C. 

Adjourned till y" 8"^ 2'* month 1685. 



At a Councill held at Philadelphia The 8* of the 2^ month, 1685. 
present: 
THOMAS LLOYD, Presid'. 
Tho : Holmes, Nich. Newlin, 

Jno. Symcock, Jno. Cann, 

Wm. Wood, Chr: Taylor. 

Peter Alrichs, Wm. Clark, 

Luke Watson, 

A Bill for Persons goeing in Season for their pay in Pork, Tobacco. 
vV Corne, was read a first reading : past N. C. 

7* 



Tho. Janney, 
Wm. fframpton, 
Phin : Pemberton, 
Jno. Barnes. 



7« MINUTES OF THE 

By the Presid" & Prov" Councill of the Province of Pennsilvania 6c 
Territories thereunto belonging : 

Wheras, there is a Necessity to ascertainc the Bounds of y" seve- 
rall Countyes of Pennsilvania, in Order to y'^ raising and Collecting of 
Taxes, publick Moneys, and Othcrvvays to adjust theLimitts of the re- 
spective Shcrrifls for y'^ pforming of their Power and Duty ; and also, 
that y" People might know unto what County they belong & apper- 
Waine to answer their dutys and places: and wheras, the Gov"", in 
presence of J "ho: Janney & Phin: Pemberton, was pleased to say 
and Grant that y^ Bounds of y" County of Bucks and Philadelphia 
should begin as followeth. Viz'. 

To begin at y'' Mouth of Poetquesink Creek, on Delaware, and 
s(je by y'' s"^ Creek, and to take in the Townships of Southampton and 
Warminster ; in Obedience thereto and Confirmation thereof. The 
President and Councill having Seriously Weighed and Considered y" 
same, have & doe hereby agree and Order that the bounds between 
the said Countys shall be thus: to begin at y" Mouth of Poetquesink 
Creek on Delaware River, and to goe up thence a long y" said Creek 
by j" severall Courses thereof, to a S. W, &, N. E. Line, which said 
Line devides the Land belonging to Jos. Growdon & Compa., from 
y' Southampton Township ; from thence by a Lyne of Marked Trees 
along the said Line 120 Perches more or less, from thence N. W. by 
a Line of marked Trees, which said Line impai't devided the Land Ix'- 
ionging to Nich. Moor from Southampton & Warminster Townships, 
Contermeing the said Line as far as y" said County shall Extend. 

The Petition of Jno. Day was read; he is referred to two or three 
Justices of y" Peace to hear y'' Buisness. 

A Bill for Leather to be well Tand was read a first reading: Past 
N. C. 

A Bill for fences to be Viewed read a first reading : past N. C. 

Adjourned till 9'" 2,^ month, 85. 



At a Councill held at Philadelphia The 9"' of the 2'^ month, 168.3. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Tho: Holmes, John Cann, Phin. Pemberton, 

Jno. Symcock, Nich. Newlin, Chr: Taylor, 

Wm. Wood, Luke Watson, Peter Alrichs. 

Wm. Clarke, Tho. Janney, 

This day the Law past by this board to be permulgated, were read 
a se<;ond and third time and past, N. C. 

Ordered that when Sam" Carpenter hath his Comission to appoint 
n Collector in New Castle County, that there shall be Care taken to 
Satisfie those that Watcht in y'' fort by y" Gov" Order. 

Ordered Vnanimously in Councill, that Each County in this Pro- 
vince & Territories in their publick Assessm', advance w"" all Expe- 



PROVINCIAL COUNCIL. 79 

dition the sum of tenn pounds, w* they all agree to be Raised for Rich- 
ard Ingelo, Towards his Attendance and servise in Councill. 
Adjourned till 25'" '2^ month, 85. 



At a Councill held at Philadelphia The 25'" of y^ 2'' month, 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

Wm. fframpton, Luke Watson, Jno. Barnes. 

The Petition of Jno. Buttcrworth being read, as also the annexed 
Letter from Tho : Olive, Deputy Gov' of West Jarsey, whereby the 
said Buttcrworth Complained unto the Justices of the County of Phila- 
delphia, for his Wages due unto him from Henry Patrick, Comender 
of the Ship Dispatch of London, for four months Wages, Ending y' 5"" 
of y' first month Last, at y" rate of twenty-eight Shillings sterling 
money of England p. month, amounting to Seaven pounds Currant 
money of this Province, and y" same after severall Demands refused 
to be payd by y" said Henry Patrick; and Wheras, y" said Justices 
of y^ Peace have recomended the State of y^ Case of the said Petitio' 
to this board, that so he might not perish, or be a Charge to this 
Province for want of his Just Wages. 

This Board upon Consideration had of tlic premises, have thought 
fit and doc hereby Order the Justices of the peace for the towne of 
New Castle, or any four of them, by Sumons or Warrant, to send 
for the said Henry Patrick, whether on shore within their said Pre- 
sinkt, or on board of his Ship, Over against the said presinkt in the 
River Delaware, and to Cause him to make payment of y^ aforesaid 
sum to the said Buttcrworth or his assignes, or Otherways to give 
Security for y° paym' thereof in such reasonable time as you shall 
see meet in you discretion. Unless he, the said Henry Patrick, can 
Legally make it appear before you that he hath paid y" said Butter- 
worth any more towards his wages then he alledgeth due to him, or 
that he can give you satisfaction why he aught not to pay y' s"" wages. 

Adjourned till y' 28*'" 2' Mo., 85. 



At a Councill held at Philadelphia y* 28'" 2' Mo., 1685. 
present: 
THOMAS HOLMES, Presid'. 

Chris. Taylor, Luke Watson, Jno. Barnes. 

Wm. fframpton, 

Wm. Dareing's Petition was this day read. 

Wheras, a Petition was this day by Wm. Darcing, Master of y' 
Ship Wrcnn, Exhibited to this board, "^thereby allcdging and setting 



80 MINUTES OF THE 

forth that Jno. Harrison, seamen, Geo. Ambler, and Tho. Pringle, 

Servants belonging to y* said Ship, were at y' Last Prov" Court held 
at New Castle, Ordered and Sensured to pay tenn pounds seaven 
ShiUinf^s for a hogg. Valued at One pounds three Shillings, besides 
two of them to be Whipt, and y' said master Complaining of y' said 
Santence of Court to be Severe, and Contrary to Law, hath Petitioned 
this board to have the Execution of y" said Senlance suspended. 

Upon Consideration had of y*^ Allegations in y^ s'* Petition, It is Or- 
dered y' y'' Execution of y^ s'^ Sentance be suspended, and y' y' Jus- 
tices & Sherriff of y'' Town of New Castle are hereby Impowerd 
to suspend the same accordingly, untill y" Prov" Judges doe returne 
to this Towne, and y" Councill have Conferd with them, and thereby 
receive a full and Clear account & understanding of this matter, for 
w** this shall be to you and Every one of you your Sufficient Warr'. 

Adjourned till y' ll"- 3^ Mo., 85. 



At a Councill held at Philadelphia The 11 '"of The S"" month, 1685. 
present: 
THOMAS LLOYD, Presid'. 

Thorn. Holmes, Jno. Cann, Wm. Southersby, 

Chri. Taylor, Wm. Darvall, Wm. ffi-ampton, 

Jno. Roads, Jno. Barnes, Wm. Wood. 

Lulce Watson, 

The Presid' having acquainted y* Councill from York of the Death 
of our Late Soveraign, King CHARLES the Second, and of y° Pro- 
claming of James, Duke of York & Albany, JAMES the second of 
England, Scotland, franco & Ireland, King; and having read a Coppy 
to this board of y'^ printed account of King Charles y" Second's Death, 
with the Declaration of the Lord's S})irituall and Temporall of the 
realme of England, w"" those of the Privy Councill, the Lord May', 
Aldermen and Cittyzens of London, with y" present King's Speach, 
Thought it their Duty, and unanimously agreed that y'' said papers 
be Solemnly read in y'' psents of y^ Representatives of y* freemen of 
this Province & Territories, before the Gov" Gate, in y' Towne of 
Philadelphia, and that the paper drawne in Councill for y^ Publica- 
tion of King JAMES the Second, w"" y" aprobation of y' Assembly- 
men, be read accordingly, by Such a Person as y^ Councill shall 
appoint. 

The Councill thought fit not to proceed upon any affair in a Le- 
gislative Capassity, untill such as the Publication of King James y^ 
Second be Over. 

John Roads was this day attested to Keep Secret y^ Debates of 
Councill. 

Adjourned till y^ 12 3'' Mo., 85. 



PROVINCIAL COUNCIL. 81 

At a Councill held at Philadelphia The 12"' of y^ S^ Mo., 1685. 
present: 
THOMAS LLOYD, Presid'. 

Tho : Holmes, Phin : Pemberton, Wm. fframpton, 

Wm. Wood, Jno. Barnes, Wm. Southersby. 

Jno. Symcock, Peter Alrichs, Wm. Darvall, 

Chri: Taylor, Jno. Cann, Luke Watson, 

Tho. Janney, John Roads, Edw. Greene. 

Ordered that Richard Ingelo, Clark of the Councill, read the fol- 
lowing Publication of KING JAMES the Second of England, &c. 
this day at the 9'^ hour. 

PENNSILVANIA : 

Wee, the President and Prov" Councill, accom- 
pained w"' the representatives of y° Freemen in Assembly, & Divers 
Magistrats, Officers, and other Persons of note, doe in Duty, and in 
(k)ncurrance with our neighbouring Provinces, Solemnly Publish and 
Declare that James, Duke of York and Albany, by the Decease of 
our Late Sovereign Charles the Second, is now become our LawfuU 
Leige Lord and King, James the Second of England, Scotland, France, 
& Ireland; and (amongst others of his Dominions in America) of this 
Province of Pennsilvania and its Territories KING; To whom Wee 
acknowledge faithfull & (Constant Obediance, hartily Wishing him a 
happy Raign, in health, peace & prosperity. 

AND SO GOD SAVE THE KING, 
These Names following were Subscribed : 

THO: LLOYD, Presid*. 
Tho : Holmes, Peter Alrichs, Jno. Symcock. 

Chris . Taylor, Wm. Darvall, Jno. Cann, 

Phi. Pemberton, Luke Watson, Wm. Wood, 

Wm. Frampton, Jno. Roads, Tho. .Tanney, 

Wm. Southersby, Edw** Green, Jno. Barnes. 

Richard Ingelo, C Cone'' Appointed for a Comittee Jno. Symcock, 
Wm. Wood, Jno. Cann, Phi: Pemberton, Wm. frampton and Tho. 
Holmes, to receive proposalls from the Assembly. 

Peter Alrichs desired Leave of this board to goe to Birlington, w* 
was granted him. 

Ordered that a Bill Concerning the Continueing the Old Laws be 
given to y' Assembly. 

Adjourned into a Comittee till y' 13"" S^ Mo., 85. 



The Comittee Mett With others of the Members The 13*" 3'' Mo., 

1685. 

THO : HOLMES, Chairman. 

The Speaker of the Assembly attended with Abram Man. 



82 MINUTES OF THE 

Jno. Hill & Henry Baker were Sent from the Assembly to propose 
to this board that they desire that y' Stile of y' Promulgated Bills 
may be according to Charter. 

The Cwmittee have Considered the matter, and make this Report 
to y^ President & Councill: that it is both Convenient & safe to have 
the Law to be passed to be according to Charter. 

The President and Councill grant that the Stile to y* preamble of 
y° Pri'mulgated Bills shall be according to Charter. 

The Petition of Jno. Mackeney was read ; the Councill are not In- 
clined to grant a Lycence but where there are Conveniences for 
Entertainm', 

Wm. Berry & francis Standfield Sent from y'^ Assembly to desire 
aConferancCjwhich was Complyed with. 

The Petition of Wm. Dareing being read'; Cornelius Emson & 
James Rades being attested, gave in their Evidence in Writing Con- 
cerning it, w*"'' remains on the file. 

Ordered that y" Clark of y*^ Councill deliver to y'^ Speaker 3 bills, 
No. 3, 4 &; 5, w'" was done. 

Adjourned till y^ 14 S'' Mo., 85. 



The Comittee being Mett y" 14'" 3^ Mo., 1685. 

Two of the Memb. of Assembly attended this Board w* amendm** 
on the Bill of ffineing Justices from five pounds to five shillings. 

The Comittee doe desire the Assembly to Weigh & Consider the 
reasons given for passing this Bill as it is, as you may Informe them 
fully. 

Phi. Pembcrton Informed the Comittee of the Indians killing their 
hoggs at the Falls: agreed that Care shall be Taken in it. 

The Petiti jn of Jacob Lassere & Jacob Pellison was read, but not 
beirki; according the act of Naturalisation in its Stile, the advice of 
the board is that it should be accordingly amended, and it shall have 
it respectfuU N^^tice ; which was accordingly done. 

Three of v^ Members of Assembly attended this board, and desi- 
red that y" Bill No. 3 might be reduced from five pounds to thirty 
Shillings, and y" Bill No. 5, from twenty Shillings to tenn. This 
Board reccd the Bills with amendm*'. 

Two of y' Memb" of Assembly attended this board, desireing more 
bills. 

Ordered that y* Clark deliver to them the Bills No. 6, 7, 8. 

Adjourned till 5 o'Clock afternoon. 

POST MERIDIEM. 

The Comittee being Mett : 

Tho. Usher and Jno. Blunston, Members of Assembly, attended 
this Board with the 6"" Bill, desireing this amendm'. Viz': to Incert 
these words, to y" wrong of his Neighbour or any other Person, after 
T° word Land Marke. 



PROVINCIAL COUNCIL. 83 

Agreed y' it should past with that amendm'; also, they were or- 
dered to desire more Bills. 

Ordered y' the Clark deliver to them the Bills No. 12, 13, 
14, 15. 

The Petition of Charles Pickerin was read, and it is y' sence of 
this board that the Petion"" in reference to privileges and fFreedom, 
Stands in an Equal Capacity with other Persons of his Station in this 
Province, &;c. 

Adjourned till 15* 3^ Mo., 1685. 



At a Councill held at Philadelphia The 15* 3^ Mo., 1685. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Tho. Holmes, Jno. Barnes, Wm. Darvall, 

.Ino. Symcock, Chris. Taylor, Edw' Green, 

Wm. fframpton, Jno. Cann, Phin. Pemberton, 

Jno. Roads, ' Nich. Newlin, Tho. Janney, 

Peter Alrichs, Wm. Southersby, Luke Watson. 

The Speaker, w"' three more of the Assembly, attended this board 
\v;ith three Bills, Viz': y*" 12, 13, 14, for Amendm"; Agreed they 
•should pass w* Amendm''. 

Adjourned till 4 of y'' Clock Afternocne. 

POST MEKIDIEJI. 

The Presid' & Councill being Mett : 

Two of the Members of Assembly attended this board to desire a 
' 'onferance, which was agreed to. 

The Declaration of the freemen in Assembly against Nich. Moore. 
<"»no of their Members, that he should be removed from all his Offices 
of Trust and Power in this Province & Territories, w'"" Declaration 
was read and Ordered by this board to be recorded, w** is as fol- 
lowed : 

The Assembly's Declaration against Nich. Moore, presented May 
15"", 1685, to y" President and Prov" Councill in y'' Councill Chamber, 
by the Speaker & Members of the Assembly : 

For the Speedy redress of divers Evils & Mischiefs w'*" this Pro- 
vince and Territories now Labour under, & for y" preventing the far- 
ther growth and Increase of y^ same, & to the honour and Safety of 
the Gov' and Governm' of this Province & Territoris, and by good 
«Sc Welfare of y'= People thereof, the freemen in Assembly now mett, 
doe by this their bill, shew & Declare against Nich. Moore, Pryor 
Judg and member of Assembly of y'^ Province of Pennsilvania, &c. 
The Misdemeanors, Offences & Crimes, and Other Matters Comprized 
in the Articles following; and him, y'' said Nich. Moore, doe accuse 
of the said Misdemeanors, Offences & Crimes. 



«4 MINUTES OF THE 

1st. The said Nich. Moore Assumeing to himselfe an unlimittecl & 
Arbitrary Power beyond the Prescription or Laws of this Governm', 
hath presumed of his owne Authority, to Send Unlawfull Writts to the 
Sherriffs, and to ascertain and appoint the Time of y" Prov" Cirquits 
without the Direction & Concurrence of y' Prov" Councill, wherby 
the time of their Sessions hath been Antisipated, the Severall 
Countys being Surprized by the Shortness of their Warning, and 
thereby being Impossible to give due Sumons according to Law, 
Either of Jurys, Wittnesses, or Persons Concerned, whereby some 
Persons have been forced to Irregular Tryalls, and Others absolutely 
denyed Justice. 

2c[ly. The said Nich. Moore, Judge, having that high Trust Lodged 
in him for the Equal! Distribution of Justice, without respect of Per- 
sons, the said Judge Sitting in Judgem' at New Castle, hath presumed 
to cast out a person from being of a Jury, after y^ said Person was 
Lawfully attested to y^ True Tryall of y'^ Cause, thereby rending an 
Innocent & Lawful Person Infamous in the face of the County, by 
rejecting his attestation after Lawfully Taken, and Depriving the plan- 
tif of his Just Right. 

3dly. The said Nich. Moore, Sitting in Judgm', did in y^ towne of 
New Castle, refuse a Verdict brought in by a LawfuU Jury, and by 
Divers threats & Menaces, and Threatning y" Jury with y" same* of 
Perjury and crim of their Estates, forced y'' said Jury to goe out so 
often, untill they had brought a Direct Contrary Verdict to the 
first. Thereby preventing Justice, and wounding the Libertyes of y" 
free people of this Province and Territories in the Tenderest point 
of their Privelege, and Violently Usurping over y'^ Consciences of the 
Jury. 

4thly. The said Nich. Moore, although there was noeLawfull sumon? 
according to Law for Partys Concerned to make preparation, did Ar- 
bitrarily reject and Cast out the Complaint of Jno. Wooters, in New 
Castle Court, hereby not only Delaying but denying Justice to him, 
coming in a Lawfall way to Demand it. 

5thly. The said Nich. Moore assuming to himselfe an Unlimitted 
and unlawfull Power, did. Sitting in Judgm' at y' aforesaid Towne of 
New Castle, wherin two persons stood Charged in a Civil action, 
it being in its own Nature only Trover & Convertion, and y^ pretend- 
ed Indictm' raised it no higher, notw"'standing the said Moore did 
give the Judgm' of fellony, Comending the Defendent to be Publickly 
Whipt, & Each to be fined to pay three fould, thereby Tyranizeing 
over the persons, Estates and reputations of the people of this Province 
and Territories, Contrary to Law and Reason. 

6thly. The said Nich. Moore Comanding a Witness to be' Examin- 
ed, did by overawing & greatly Perverting y^ Sence of y" Wittnesses, 
Charge and Condamne the said Wittness to be guilty of Perjury, and 
to suffer the paines in that Case provided, & by proclamation to be 
for Ever rendred uncapable of being rectus in Curia in this Governm', 
and also fined him, Contrary to Law. 



*Fame or name. 



PROVINCIAL COUNCIL. 85 

Tthly. And Wheras, the Wisdom of the Generatl Assembly did 
Conceive the Circular Courts would be their best Expedient for End- 
ing all kind of Differences whatsoever, the said Nich. Moore, at y* 
Said Towne of New Castle, Comanding the records of y" former Cir- 
cular Courts to be produced, w''' y" said Moore reading, he did in the 
Open Court, Censure the Judgm' of y^ preceeding Judges, by Saying 
their Judgm' was not right, thereby Distracting y" People betwixt di- 
vers and Contrary Judgm"', and perpetuating Endless & Vexatious 
Suits. 

Sthly. The said Nich. Moore, Sitting in Judgm' at Chester, did in 
a most Ambitious, Insulting & Arbitrary way, reverse and Impeacli 
the Judgm' of y° Justices of y" said County Court, and Publickly af- 
fronting the members thereof, although the matter came not regularly 
before the said Circular Court, thereby drawing the Magistrates into 
the Contempt of y'^ people, and Weakening their hands in the ad- 
ministration of Justice. 

9th!y. The said Nich. Moore being Chosen as abovesaid, to be 
Judg of y° Circular Court according to law, w*^' obliges y'^ said Judges 
both spring and fall, to goe their Cirquits ; and y said Nich. Moore 
assuming to himselfe the power of appointing the Times, as he is the 
pretended Chief Judg in The Province and the Territories thereof, hath 
notwithstanding, Declined the two Lower Cirquits, to y^ great delay of 
Justice and Breach of his Trust, & Mischief and Inconvenience of y" 
free people of y*" said Lower County s. 

lOthly. The said Judg Moore resolving to put no Bounds to his 
Violence, Ambition and Oppression, hath, to y*" Dishonour of the Gov'', 
and Contempt of y" Govcrnm', Declared that neither he nor his Ac- 
tions are accountable to y'^ Presid' and Prov" Councill, by Despiseing 
and Conteining their Orders «S; precepts, and Questionning ancf De- 
nying their Authority, thereby Shrowding & Protecting himselfe in 
all the aforesaid Violences, to the rend ring the Misserys of the 
Opressed IntoUerablc & perpetuall, to the Subversion of the most Ex- 
cellent frame of this Governm', and the raising himselfe above tht- 
reach of Justice. 

llthly. For all w'^*', and divers other High Crimes and Misde- 
meanors, the ffrcemen in Assembly Mett, saving to themselves by pro- 
testation, the Liberty of Exhibiting now and any time hereafter anv 
further Charge and Accusation against the said Nich. Moore, doe now 
Impeach the said Nich. Moore of all the foregoing Crimes and mis- 
flemean"^, and humbly request the Presid' & Prov" Councill that he, 
the said Nich. Moore, may be removed from his great Offices 62 Trust, 
and answer to the said Objected Crimes and misdemeanors. 

JOHN WHITE, Speaker, in the Behalfe and 

by the Order of the Assembly, now mett 

in Philadelphia. 

Tho. Holmes, Jno. Symcock, Wm. Darvall, Phin. Pembcrton, are 

desired to acquaint Judg Moore how that y" Declaration aforemention- 

*2d was presented by the Speaker & Members of Assembly this Even- 



86 



MINUTES OF THE 



ing, and that the Councill doe request him to appear at y' Councill to 
morrow Morning, by the Seaventh hour. 
Adjourned till y^ le"' 3^ Mo., 85. 



At a Councill held at Philadelphia The IG* 3' month, IGB.'j, 



PRESENT : 

Presid'. 
Jno. Roads, 
Wm. fframpton, 
Phin. Pemberton, 
Jno. Barnes, 



THOMAS LLOYD, 

Tho. Holmes, Jno. Roads, Luke Watson. 

Jno. Symcock, Wm. fframpton, Edw'^ Green, 

Tho. Janney, Phin. Pemberton, Jno. Cann, 

Nich. Newlin, Jno. Barnes, Peter Aldrichs. 
Wm. Southersby, 

Jno. Blunstone & Tho. Usher Sent to this Board to desire a Con- 
ferance : Ordered that they shall have notice from this board when 
they are ready to Conferr w* them, they having some other Buisness 
now upon them. 

Adjourned till three of y" Clock Aflemoonc. 

POST MERIDIEM. 

Mr. Man Complayning that a Prisoner was sheltered in the Gov" 
house, 

The Presid' asked him whether he was taken into Custody by the 
Order of this board or by the Assembly. 

Abram Man, in behalfe of y^ rest, said they did it as their own 
act: the SherrifF also being asked the Question, acknowleged th^* 
same. 

Whereupon, the Presid' did disavow that this board did allow him 
in any Kind. Quest" put to Patrick Robinson what Imediatc 
Power was used; he said the Warrant would show it, w""* was read. 
^, The Speaker & Assembly againe desired that the Declaration 
against Nich. Moore, Pryar Judge, might agaihe be read, w'^ was 
accordingly done; w* Was without Direction to the Councill, nor 
Subscribed by the Speaker or any of the Assembly, nor noe place 
jnentioned therein. 

Adjourned till 18"> 3^ Mo., 85. 



At a Councill held at Philadelphia y' 18"' of y' 5' month, 1G85. 



present: 
THOMAS LLOYD, Presid'. 
John Cann, W"m. Southersby, 



Jno. Roads, 
JjU. Watson, 
Wm. frampton, 
Tho. Holmes, 
Jno. Symcock, 



Wm. Darvall, 
Nich. Newlin, 
Jnlin Barnes, 
IMw'' Greene, 



Phin. Pemberton, 
Chris. Taylor. 
Wm. Wood, 
Peter Alrichs. 
T'ho. Jannev. 



PROVINCIAL COUNCIL. S7 

The Speaker, with y'' Assembly, attended this board, & Declared 
that they were abused by Pat. Robinson, who said you have drawn 
up an Impeachm' against Pres' Moore at liab nab, tor which the 
d&sire satisfaction. 

The Presid' and Prov" Councill Takeing into Consideration the words 
Spoken by Pat. Robinson, this board Concerning the Assembly, that 
the Impeachm' against Judg Moore was drawn hab. nab. w*^ Expres- 
sions of his wee doe unanimously declare to be undecent, unalowa.- 
ble, & to be disowned. 

The Petition of Pat. Kenerly read, and he is referred to Tlio. Holmes, 
Wnu fframpton & Phin. Pemberton, to End y Buisness. 

Adjourned till 4 a Clock in y" Aflernoone. 

POST MERIDIEM.. 

The Presid' & Prov" Councill being mett : 

Wm. Darvall desired leave to goc home, he having Extrordinary 
Buisness, w''"' was gz'anted. 

The Speaker with the Assem])ly, Attended this board to mage good 
their Allegations against Nich. Moore. 

In proof of y'^ first Article, Especially The first Branch thereof. 
Viz' : That is persciving to Send unlawfull Writts to the Sherriffs, &c. 

The Speaker, by Consent and in behalfe of y" Assembly, assertains 
that Judg Moore's his Writt for holding a Prov" Court at New Castle, 
came to the Sherriff 's hand but six days before the perfixt day for 
holding the Court, and by his Writt he Comands the Sheriff to Sumons 
all Lords of Manners & Justices to attend the Prov" Judges, and 
iorty Eight freemen for a grand Jury, & twenty-four for a Petty 
Jury; Jno. Cann declares the same; Tho. Usher declares that the 
Sherriff of Chester County had no time but five days before the Court 
was held. 

for proof of the Second Article : 

They Desire the Benefit of James Reads' Testimony, formerly 
given in. 

Jno. Cann, a Memb. of Councill, declares to y*" best of his know- 
ledge, that upon y" Objections of y" Defend'% y" Court Yielded that be- 
fore the said James Reads was attested, he should be layd by, but 
notwithstanding, through some Omission, after he was attested he 
was laid by. 

for proof of y" third Article : 

John Cann further declares that he was in Court upon this Tryall 
when y^ Jury came in, who being asked by Judge Moore whether 
they were all agreed, he thinks they sayd they were all agreed, he 
is not certaine; and y*" Jury being asked what was their Verdict, they 
said Eight pounds : the Judg asked them what they meant by it : they 
saidthey found Eight pounds for the Plaintiff: Judg Moore urges there- 
upon, what is Eight pounds in Comparison of five hundred pounds al- 
ledged in the Declaration, and further said to y' Jury, this is noe Ver- 
dict, you most goe out and findc according to Evidence, or Else you 
are all perjured Persons: 

Whereupon they went out, and brought in their Verdict the next 
morning for the Defendant, w"' Costs of Suit. 



88 MINUTES OF THE 

Jno. White Speaker, Declares fully w"" Jn" Cann, but further Saith 
that the Jury being asked by Judg Moore whether they were all and 
Every One agreed, &. being thrice asked, they did declare they were 
Every One agreed, and notwithstanding, he said they must bring in 
an Other Verdict. 

Edw'' Green, a Memb. of Councill, declares that he was in Court 
also when y" Verdict upon y" Tryall of Abram. Man, Plantif, and 
Edm'^ Cantwell, defendant, and upon the Jury's giving in their Ver- 
dict of Eight pounds ; Wherupon Judg Moore said it was no Verdict, 
but they must finde y^ Verdict accoitling to Law & Evidence, soe he 
Sent them out, and they came into Court next morning, and after the 
Judg had admonished them, he asked if they were all agreed, and 
they said not; and he sent them back againe, requiring them to bring 
in their Verdict according to Law & Evidence : They went out againe 
and brought in for the Def*, w* Costs of Suit: "VVheras, it is Omitted 
in y^ first part of this Evidence upon y" July's first Coming in, y'' 
Judge asked if they were all agreed, and they said they were all 
agreed, and they finding Eight pounds for the plan', the Judge ask- 
ing them who they found Eight pounds for, they said for y*" Plantif. 

Adjourned tilly^ 19* 3"^ month, 85. 



At a Councill held at Philadelphia The 19"' 3'^ Mo., 1685, 
prese:vt: 

THOMAS LLOYD, Presid'. 

Tho : Holmes, Nich. Newlin, Luke Watson, 

John Symcock, Jno. Cann, Jno. Roads, 

Wm. Wood, Tho : Janney, Jno. Barnes, 

Wm. frampton, Phin : Pemberton, Pef Aldrichs. 

Wm. Southersby, 

The Speaker and y" Assembly attended this board. 

The Presid' & Councill having reced from y"* Managei's nominated 
by the Assembly, what proof they though well to ofler to y*" three first 
Articles, which Managers are y'^ Speaker, Abram. Man, Tho : Usher, 
Jno. Blumstonc, Wm. Berry & Sam" Gray, these Persons were Con- 
tinued Managers for the proof of y' whole Exhibited Articles by their 
Own Order. 

As to y^ fourth Article being not so Intelligably Worded to the ap- 
prehension of y" Councill, y' Assembly requested by their managers 
that a further Explainter Sence might be admitted. 

As to y" fifth Article, they urge a Record from under the Clarke 
of the Circular Courts hand, and in the whole say, that y° proof of 
the Intended Indictm' was false. 

As to y'' sixth Article, Jno. Cann Declared that Judg Moore Seem- 
ing by a Threatning word. Called Jno. Harrison to be an Evidence 
against Tho: Pringler & Geo: Ambler, he demanded of Harrison to 
declare what he knew Concerning the hogg in Question: The said 



PROVINCIAL COUNCIL. 89 

Harrison Declared he knew nothing of the taking of y° hogg for he 
was at Philadelphia at y" same time : upon severall Other Questions 
asked him whether he liad seen or Eat any of it, he Declared he had 
!)oth Seen and Eat: upon that y' Jury had this in Charge, the Judge 
telling them it was perjury, they accordingly found the Person Guilty 
of Perjury. 

As to the Scaventh Article, Wherin Judg Moore is accused of 
Judging of y^ proceeding of y" foregoeing Court Circular. 

As to the Eight Articte, Jno. Blunstone, Tho: Usher and Geo. Ma- 
ries, Justices of y^ Peace for the County of Chester, declared That - 
Sitting in Judicature in Chester County Court, upon an Action, Den- 
nis Rochford being Plant. & Jno. Hickman Def, that after Judgm' 
regularly obtained in that Court by y'' aforesaid Plantiff, against y* 
Deflend', an Execution was granted & y' Def ' Taken thereby : Yet 
notwithstanding y^ said Nich. Moore, upon a Bare Petition of j-° said 
Defend', he Vacated y'' Judgm' and discharged y^ Prisoner ; also the 
said Judg Moore did arbitrarily take upon him meerly by a Petition, 
to Reverse a Judgm' Duly Obteinedin y" Comity Court of Chester, by 
Tho : Withers, plantif, Vim. Tavlor, Defend' ; this was done by y= 
said Judg Moore yM8 2^ Mo., 1685 Last. 

As to y^ ninth Article, Sam" Grey and Jno. Hill allege it is apa- 
i-ent that Nich. Moore was bound in Duty to goe to y^ Lower Coun- 
tys, toKeep the Spring Prov" Court, yet notwithstanding, Declined his 
Duty, to the Manifest Rewin & DisappointnV of Severall fireemen. 

As to the tenth Article, Wherby they Suggest severall Contemp- 
tuous S,' Derogatory Expressions Spoken by Judg Moore of the Prov" 
Councill and of the present State of Governm' by Calling the Memb. 
thereof fooles & Logerheads, and said it were well if all the J_jaws 
liadDrapt, and that it would never be good Times as Long as y*" Qua- 
kers had the Administration. 

Wm. Carter, & Robert Clifton & Sam" Grey, declare that Nich. 
Moore advised them to proteste against y^ Last Promulgated Bills. 

Upon y*" Reading Over y^ Declaraon before y'' Prov" Councill by 
the Assembly, against Nich. Moore, and their Allegations for proof of 
their Articles being received b}" y" Clarke of y" Councill, the Assem- 
bly Moved that y'' said Nich. Moore might be removed from all places 
of Trust and Power. 

The Speaker being asked if they Came as an Assembly or a Co- 
mittee, they said they Came as an Assembly. 

Upon the Peruseing of y^ allegations and Testimony s given in by 
tho Memb. of Assembly, with some of y" Councill, in Order to prove 
and to make aparent y^ Charge Exhibited in the Articles against Nich. 
Moore, one of the Prov" Judges, 

The Councill Unanimously agreed and Ordered that Express notice 
shall be given, with all dispatcht be sent to him to signitie the sence of 
this board, and that he make his appearance before y^ Presid' and 
Prov" Councill in^the Councill Chainber, at three of y" Clock this af- 
ternoone; being the 19 Instant. 

The Assembly Presented a Petition to displace Patrick Robinson 
from any Office of Trust & Prohtt, Which Petition was read, & shall 
be weightily Considered and answered. 



90 MINUTES OF THE 

The fifteeiie Laws were this day read, and twelve of them were past 
in y Affirmative and three in the Negative. 
Adjourned till y'' 28"' 3-^ Mo., 1685. 



At a Councill held at Philadelphia The 28" of the 3^ Mo., 1685. 

PRESENT : 

THOMAS LLOYD, Presid*. 

Tho: E[olmes, John Barnes, Wm. Frampton. 

A Letter from Proprietary Penn was read, Authorizing the Presi- 
dent & Prov" Councill to Constitute Capt. Wm. Markham, Secreta- 
ry of y'^ Province & Territories, and also the Prop°" Secret"^', and to 
make Voyd all other Comissions, if any be. 

.lacob Pellison & Jacob Sessarys,in Persuance of their Potion and 
ibrmer Order of Councill, it was referred to y" Presid' to signe y"' 
same, they Subscribeing their Names to a Declaration Dischargeing 
themselves according to Law. 

In Complyance w* the Gov"* Instructions, Ordered that a Comission 
he drawn to Comissionate Capt. Wm. Markham, Secretary of y'^ Pro- 
vince & Territories, & also Secretary to y" Prop" and Governor. 

Instructions Sent to Capt. Wm. Markham, that he in Conjuncktion 
with the rest of y'^ Magistrates of y" tovvne & County of New Castle, 
10 proclame James the Second King of England, Scotland, franco and 
Ireland, &c. 

Adjourned till 2" 4'" Mo., 85. 



At a Councill held at Philadelphia The 2'^ 4"' month, 1685. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Jno. Symcock, Wm. frampton, Wm. Markham. 

Wm. Clarke, 

V/m. Haigue requesting a Speciall Court at New Castle granted 
;uid Ordered that a Comission be drawn. 

Ordered that Speedy notice be Sent to Judg Moore by the Clark 
of y' Councill, that he Desist «Sc Cease from further Acting in any 
place of Authority or Judicature, till the Articles of Impeachm' 
Exhibited against him by the Assembly be Tryed, or Satisfaction be 
made to this board. 

The Petition of the Assembly against Patrick Robinson being deba- 
ted of in Councill, upon the Consideration and perusall of y^ same, Wee 
doe Conclude that he cannot be Regularly removed from his Clarcke's 
places or Office till he is Legally Convicted of ill fame, and those 
Crimes & Misdcmean"^ alleged against him, which was presented to 



PROVINCIAL COUNCIL. 91 

this board by John White, Speaker, in behalfe of the Assembly ; and 
after such Conviction, it is resolved that he shall be readily Dismist 
from any Publick Office of Trust in this Government. 



At a Councill in thcCouncill Roome at Philadelphia y^ ll"" of y' 
4"" month, 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

John Barnes, Wm. Markham, Secre. 

The Presid' ord' that a Warrant be made for y' Sumonsing of 
Joseph Massie, Master of y^ Grayhound ffly boat, to appeare before 
the Presid' and Councill, to answer the Complaints made by passin- 
gers that Came in his Ship from England and Ireland, as well for 
detayning or *Imbellishing Severall goods Shipt on board his said 
fly boat for this Province. 

Adjourned till further Order. 



At a Councill in the Councill Roome at Philadelphia The 13'" 4"' 
month, 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

John Barnes, Wm. Markham, Secre. 

The Petition of Zachariah Whitepaine being read. Ordered that a 
Warrant be made for the bringing the families therin mentioned to 
y^ Plantation of their Imploycr, Viz: Zach. Whitepaine. 

Adjourned till further Order. 



At a Councill held in y^ Councill Roome at Philadelphia, The 18"' 
4'" Mo., 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

Wm. Frampton, Wm. Markham, Secre. 

The Petition of Franc. Richardson was read, desiring a Speciall 
Court in y* County of Bucks, was Granted to be held y' 23*^ Inst. 

Adjourned till Tomorrow. 



^Evidently Embezzling. 



92 MINUTES OF THE 

At a Councill in y' Councill Roome at Philadelphia, The 19* of 
ye 4". Month, 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

Wm. Frampton, Wm. Markham, Secre. 

Rich*^ Pittman's Petition against Joseph Master, M' of the Ship 
Grayhound, being read, was Referd to y'^ next County Court, or to 
y'^ award of Arbitrators Indifferently Chosen. 

The Petition of Jacobus Fabrisius was read, requesting the Keep- 
ing an ordinary : Answered they dont think fitt to grant y^ Petitioner's 
Request. 

The Petition of Humph. Davenport in behalfe of Gabriel Minveale, 
March', of New York, y' wee would grant him a Speciall Court to 
deside Differences between y's*^ Minvielle and Jno. Royer and Eliz. 
Ogle, y*" Relict of Jno. Ogle, both of New Castle County, was grant- 
ed to be held on y'' 25"" Inst., at New Castle. 

Adjourned till further Order. 



At a Councill in the Councill Roome at Phil9,delphia, y^ 3*^ 5'" 
month, 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

Chris. Taylor, Wm. Markham, Secre. 

The Petition of Joseph Massey being read, Craveing a Speciall 
Court, was differd till to-morrow. 

The Councill adjourned till to-morrow, 8 in y" Morning. 



At a Councill in the Councill Roome at Philadelphia, The 4" of y* 
5*^ Mo., 1685. 

PRESENT : 

THOMAS HOLMES, Presid'. 

Chr: Taylor, Phin: Pemberton, Wm. Markham, Secre. 

Wm. Frampton, 

The Petition of Joseph Massey being againe read, desireing a Spe- 
ciall Court at Philadelphia, was granted to be held on y'' next third 
day, being the 7"" Inst. 

The Petition of Humphrey Davenport on behalfe of Gabriell Min- 
vielle, Merch', of New York, requesting a Speciall Court in y* Coun- 
ty of Philadelphia, granted to be held y'= next Third day, beins v' 
7"^ Inst. .' =J 



PROVINCIAL COUNCIL. 93 

Information being given to this board of y^ unlawfull Marriage of 
R*" Noble, of y^ County of New Castle, Ordered that y° Justices of 
that County have notice given by y^ Secrt", to Inspect the same, and 
give Report thereof to this board. 

The Petition of John day and R'^ Orme, desireing a Justice of y* 
peace might be made at y" oper end of the Towne, was read. 

The board reply'd they would take it into Consideration. 

Motion being made to this board of a Necessity of a Comissionfor 
a SherrifF for Bucks County, 

Ordered that Nich. Walnc have Comission for y^ same. 

Ordered that George Martin have a Comission for SherrifT of Kent 
County. 

The Petition of Rich'^ Ingelo Concerning his money due to him from 
y" Governm', was Read. 

Ordered y' the Secretary make application to y'^ Comiss"^ Impow- 
red to dispose of Land, to Grant y" said Rich** Ingelo Eight hundred 
Acres, for w'^'' Each County will Pay the Gov"' fiveteen pounds, all 
w"''' will be ninety pounds, the w"''" ninety pounds, and sixty formerly 
payd, will be in full satisfaction of all accounts with him. 

The Petition of Wm. Daring being read for y'^ Release of his Serv" 
out of New Castle Prison, 

Ordered y' the Secretary Issue forth a Warr' to y" Sherriff of New 
Castle County, to deliver the said Serv'' to their Master, Capt. Wm. 
Bearing, he giving under his hand for their appearance before y'' 
Councill the 7* Inst., and that y" Sherriff give notice to Hanse Peter- 
son to be here also. 

Ordered y' y" Secretary send to y° Sherriff of New Castle County, 
to Summonss y'' Councellors that one of them be at Councill y° 10'" 
Inst, by nine in y'' morning. 

The Councill finding occasion to have a watch kept in this towne, 
Ordered that it be recomended to y" Justices of this Towne to take 
care of y" same. 

Adjourned till y^ 10"" 1st. by nine in y*" forenoone. 



At a Councill held at Philadelphia y" 10"'of y"^ 5'" Mo., 1685. 

present: 
THOMAS HOLMES, Presid'. 

Chris : Taylor, Wm. frarnpton, Wm. Markham, Secre. 

Adjourned till Three in y' Aflernoone. 

POST MERIDIEM. 
present: 
THOMAS HOLMES, Presid'. 

Chris : Taylor, Wm. Wood, Wm. Southersby, 

John Cann, Wm. Frarnpton, Wm. Markham, Secre. 



94 MINUTES OF THE 

The petition of Robt. Hutchinson Concerning the attachment of a 
horse being read, is refered to y" BenefRt of y" Law. 

The Petition of John Boult being Read, against Countrey butchers 
bringing their meet to towne on other days than Marquett days: The 
answer Referred till to-morrow. 

The Complaint of Wm. Bearing, M" of y" Ship Wrenn of London, 
against the Illegall proceedings of tlie Judges Nich. Moore & Rob' 
Turner, against his servants at y*" Circular Court at New Castle, y' 
1" Aprill, 1685, being read, and Hanse Peterson not appearing accord- 
ing to y" minutes of 4* Ins', reply was made that John White appeared 
for him; upon w'^*' John White was Called and asked if he knew 
any thing Why Hanse Peterson did not appear before y^ Councill 
upon warning given him by y' Sherrift', at w** he produced a letter of 
Atturney from y^ s"* Hanse Peterson for his appearance for him, and 
afler much dispute about Wm. Bearing's Complaint, it was proposed 
that Patrick Robinson should be sent for to produce y*" Records Con- 
cerning Capt. Bearing's men, wherupon Wm. Bearing produced a 
Coppy of y' same, as he had formerly gott from Patrick Robinson, 
attested under his hand, w* was read; In w'''' there was mention 
made of one John Hollingsworth that had taken severall Testemonies 
or Evidences therein, to w** both John Cann dz; John White declared 
that there was no such person in the Countrey. 

John White made several objections against that Record of y' Cir- 
cular Court, as y" manner of y" Indictm' and y" Judgm'^upon them^ 
but they asked wether Hanse Peterson would be satisfied if he were 
paid for y" Single Hogg, he answered in y^ Affirmative. 

Then he was desired to withdraw : then the Councill began to Con- 
sider w' to doe; some doubting his last answer, would have John 
White Called againe, and being asked whether Hanse Peterson would 
be Contented to have only y^ reall vallue of one hogg paid him' for 
all his demands. Viz': twenty and three Shillings, he answered he 
would ; then absented. 

The Question being put whether the Sentence of y^ Judges against 
Jno. Harrison, Tho. Pringle & Geor. Amble, Imprisoned for Hogg 
steeling, should be remitted, it was past by y" Major Vote. 

Adjourned till 7"" The next morning. 



At a Councill held at Philadelphia y^ ll'" of y= 5*^ month, 1685. 
present: 
THOMAS HOLMES, Presid'. 

Chris: Taylor, Wm. frampton, Jno. Cann, 

Wm. Southersby, Wm. Wood, Wm. Markham, Secre. 

The Gov" Comission to Impower y^ Councill to Chuse President 
out of themselves, in y^ absence of Thorn. Lloyd, was Read : Ordered 
to be Recorded. 



PROVINCIAL COUNCIL. 95 

The Question was put by the Presid', whether y' Cause formerly 
depending between Hanse Peterson in behalfe of y* King, Gov' and 
himselfe, (so worded in y" Records of y'' Prov" Circular Court,) & 
John Harrison, Tlio. Pringle & George Ambler, w* had a hearing 
at y" last Circular Court held at New Castle, shall have a full hearing 
at this board or not ; 

It was agreed by all it should. 

Ordered that y^ Secretary send a Warrant directed to y^ Sherriffs 
of y" four opper Countys, personally to summons all the members of 
Councill for their respective Countys, to be at Councill on the 
28th Inst. 

Capt. Wm. Dearing Comand' of y'' Ship Wrenn of London, Inters 
into recognizance of Twenty pounds for y' bringing his two Serv" 
John Harrison & Tho. Pringle, before this board y*" 28"" Ins", and from 
thence not to depart till by order of y"^ board. 

Ordered y' y"" Secretary Send a Summons to Hanse Peterson to 
appeare in Person before this board y" 28"" Ins', upon y" penalty of y" 
forfeiture of one hundred pounds upon failure: 

And that y*" Secref send an Order to y* Sherriff of New Castle 
County, to deliver unto Wm. Bearing his Serv'', Geo. Ambler, to be 
brought before y'' Councill y" 28"' Inst., y'' which Serv' was mentioned 
to be delivered to his said l\Iaster by warr' from this board, dated 
y= 4«i s'l" month, 168.5, as being one of y" Servants mentioned therein, 
but was not delivered accordingly. 

The Petition of Sam" Carpenter was read, Concerning an Execu- 
tion he had against Socyety and James Claypoole, being mentioned 
therein, it being obteined at a prov" Circular Court Signed by John 
Eckley, one of y" Judges. James Claypoole was sent for and y" Peti- 
tion v/as read to him, to w'^'' he made answer that he had appealed 
to England, but Sam" Carpenter denyed it to be an appeale, since 
there was no Security given. Jam. Claypoole made answer that he 
was ready to give security. The Execution was ordered to be read, 
the w'''' being denyed by James Claypoole to be an Execution, Patrick 
Robinson, y" Clarck of y" Prov" Circular Court, was sent for, who 
produced the Records of the said Court, wherein y" Judges allowed 
an appeale to England upon Security given ; but no security being 
given, a Judgm' was Issued out against y" Society. Jam. Clay- 
poole desired y'' Councill would take his Security. The Councill 
refused. Denying it should be given out of that Court y*" action was 
tryed in. 

Sam" Carpenter Complayning that y" Execution was signed but 
liy one of y" Judges, Viz' : Jno. Eckley, and y' Wm. Clark was y' 
other Judge, and y' he had refused to sett his hand to it, notwithstand- 
ing he had given his Judgm' for it in Court. 

Ordered y' the Secre. send a Summons to Wm. Clark to appeare 
Ijefore this board y° 28"" Inst., to give his reason why he refused to 
signe y*" Execution against the Society, he being one of y" Judges of 
that Court, and past his Judgm' in Court for it, or to send his rea- 
sons up under his hand, by y'^ aforesaid day. 

The Petition of Wm. Southersby, who wish Wm. Berry were by 



96 MINUTES OF THE 

appointm* of y' Gov', administrar on y'' Estate of francis Whitwell, 
deceased, was read, Requesting the Councill v/ould give them reasona- 
ble satisfaction for their paines and troubles ; and y' seeing y'^ debts 
are more then the Estate can bare, desires how the widdow shall be 
disposed oft^, and whether any of the Estate may be reserved for 
her. 

Answer : When y'' accounts are brought in y^ Councill will Con- 
sider of it. 

Adjourned till y' 2S* Ins'. 



The 21'" of y-^ 5* month, 1685. 

Severall Indians made Complaint to y*" Secre of abuses they receiv- 
ed from y^ servants of Jesper ffarmer, at y*" said Jesper Ifarmer's 
Plantation, Viz*: their makeing y'' Indians drunk, then Lying with 
their Wives, and of their beating both men and their wives. The 
Secretary tould them by the Interpreters, Lacy Cock, that y' Coun- 
cill would sitt on y^ 28"" Inst., and desired they would be there then, 
and y" Serv*' should be sent for ; but they telling him they could not 
Stay so long from hunting, but desired it might be on y*" 24"" Ins', and 
then they would taulk about y" Land not yett bought. The Secre- 
tary Sent a Summons to y'' Serv'' by y'' SherrifF, to appeare y^ afore- 
said 24"" day, dated y^ 21'* Ins', and likewise sent a Letf to Capt. 
Holmes, Presid' of y'^ Councill, to acquaint him of it, date y'^ 22'* 
Ins', sent by y" SherrifF to Capt. Holmes' plantation. 



The 23* of y^ 5*^ Mo., 1685. 

Capt. Wm. Bearing, M"" of y*" Wrenn of London, desired of y" 
Secret*' two Summonses, *one for Robert White, y^ other for Rob'Rob- 
erts, to appeare before y'^ Councill y' 28"" Ins', as witnesses on his 
behalfe, in y*" differance between his serv" and Hanse Peterson ; was 
done & Entered. 



The 24'" of y" 5"> Mo., 1685. 

Wm. Haigue Request y" Secref^ that a hue and Cry from East 
.Tersie, after a servant of Mr.- John White's, March' at New York, 
might have some force and authority to pass this Province & Terri- 
toryes; the Secretary Indorsed it and Sealed it with y" Scale of y" 
Province. 



PROVINCIAL COUNCIL. 97 

The 27'" 5"' Mo., 1685. 

The Indians y' made Comi)lauT[t against SeiV of Jasper farmer, 
on y' 21"' Ins', and appoynted y" 24"" for a hearing before y* 
Councill, the Indians mistoolve y*^ Day, & came not till y"" 25"" Ins', 
and y" Sherritf Messenger, with y^ Summons to Jasper farmer's Ser- 
vants, Loosing his way in y^ woods, returned without Summonsing 
them to appear, upon both w''*' Disappoyntments, the Indians Conchi- 
ded to appear y' 28 Ins', and accordingly y*" Secretary sent a Sumons 
to John Skull, overseer to Jasper tfarmer's Serv", for him and y' Serv" 
to appeare, Especially John Below. 



At a Councill in the Councill Roome at Philadelphia y' 28" 
6'" Mo., 1685. 



THOMAS HOLMES, Presid'. 

Wm. fframpton, Jno. Cann, Nich. Newlin, 

Jno. Symcock, Tho : Janney, Wm. Markham, Secre. 

Mai^ Dyer Came to y" Councill, andtould y' he presented himselfe 
before them according to his Instructions to take an oath, as that had 
directed him to doe before he Entred into his Office of y' King's Col- 
Iccf of his Customes in Pcnnsilvania, and turned to y' Clause in his 
Instructions & y" Secref*' read it to y^ Councill, with his C omission 
from y" Comiss"^ of y^ Customes, and y^ Coppy of y*" Lords to thern 
to grant it, Coppys of w"'' both were left. 

The Councell tould him it was against their methods to take an Oath, 
but if he pleased to be attested, according to y" Laws of the Province, 
they would attest him: he made answer, he understood that before, 
and Expected no otherways, for it was what he had done in East 
Jarscy. Then he was attested thus : 

Thou dost Solemnly declare in y" Presents of God, and before this 
board,that thou will truly and Justly performe y'' office of y" King's Co- 
lecf of his Customs in y'^ Province of Pcnnsilvania, according to y" In- 
structions he Received from y" Comiss" of his Majesty's Customes. 

Maj'". Dyer produced a Coppy of y" King's Proclamation Concerning 
tlie Plantion trade, w'^^ was read and left with y' Councill. 

His Comission for Survey"" (jen" of his Maj'^ Collonys and Planta- 
tions in America was read, and y" Coppy Left. 

Then was Read Maj''. Dyer's Instructions both for Survey"" Genall of 
all his Maj" Collonys & Plantations in America, & for Collec'^of Ca- 
saria, Pcnnsilvania and New Jarsey. In one Paragraph of his In- 
structions for Collector, he was directed to leave the Coppy of them 
w"" y" Gov"", for w"*" he desired at present to be excused, he being in 
great haste goeing to New Yorke, and they would take up much time 
Coppying, but Intended shortly here againe, then would present them 
with one. 



98 MINUTES OF THE 

Maj'. Dyer brought with him bclbre y^ Councill one Christopher 
Snowden, telling them that he intended to make him his Deputy Ser- 
cher and Wayter of his Maj" Customes in Pennsilvania, and desired 
he might be attested accordingly, to performc his office as usuall, w** 
was don. 

A Letter from Wm. Clark, no date, in answer to a Summons sent 
to him baring date y^ll"' 5 month, 1685, was read. 

Sam" Carpenter being present, who desired y" Opinion of y'^ Coun- 
cill whether James Claypoolc ought now to give in Security and ap- 
peale for England or not: if lie ought, he desired it might be done 
forthwith, for there he said he hoped to have some redress; or if ofy"" 
Contrary opinion, begg'd that he might have Speedy redress here. 
Then Sam" Carpenter was asked whether any body had Refused to 
Execute that Execution: answered no, for he had not tryed any with 
it yett. 

Then y' Councill gave their Opinion that Wm. Clark's letter Con- 
firmed y*" Execution, he only objecting against y^ Wording it, the w''' 
in his Sense, seemed to be as well against James Claypoole as against 
y" Goods of y^ Society, w'''' to them appeared otherwise, Viz' : that 
James Claypoole was only mentioned therin as y^ Person y' managed 
y^ Cause for y" Society. 

Sam" Hersent, y" Sherriff", being at y'' Doore, the Councill Called 
him in & asked him if he refused to serve y" Execution of Sam" Car- 
penter against y'' Society; who made answer he never saw it. 

John Skull appeared with y" Servants of Jasper ffarmer, according 
to a Summons bearing date y*" 27"' Inst., but y*" Indians being drunk in 
y' woods, &. the Servants declaring they were affi'aid to goe home 
before y'' Buisness was Ended, y*" Councill ordered they should Stay 
in Towne till y' next day, when y*' Indians were to be in Towne to 
Receive pay for y" Land bought of them. 

Adjourned till Three in y'' afternoone. 

POST MERIDIEM. 
prese^jt: 
THOMAS HOLMES, Presid'. 

Wm. fframpton, Edw*^ Green, Nich. Newlin, 

Jno. Symcock, Jno. Barnes, W^m. Markhani, Secrc. 

John Cann, Tho. Janney, 

Wm. Dcaring being called, desired leave of the board that Charles 
Pickerin might speake for y" Servants, w''' was granted. The Council! 
requested y' y^ Secretary give a Comission to Sam" Carpenter, By y*" 
Virtue of his Comission to be Deputy Threasurer. 

A Letter was Read by y" Presid*, Directed to him from John Rich- 
ardson, desireing Capt. Holme to Rccomend him to y" Counccll to l<.' 
High Sheriff' of Kent, in the Roome of Rich. Mifheall, lately deceased, 
but was refused by all. 

A Letter was Read directed to y" Councill from John /Brinklow, 
Wm. Clark, Wm. Berry and Wm. Wimsmore, Recomending Geo. 
Tarton for y^ place of High Sherriffof Kent County, in y" roome of 



PROVINCIAL COUNCIL. 99 

Rich'' Micheall : Consented to, & Ordered that a Comission be drawne 
accorduigly, to be in force a Yeare, or till further Order. 

Ordered that Rich'' Ingelo bring the Bookes, w"" all y'' papers rela- 
ting to y^ i\Iinutc or Journall of this Councill. or that any wayes Con- 
cernes us. 

The Buisness of Wm. Bearing's Servants and Ilans Peterson being 
called, 

Appeared Wm. Bearing, Hansc Peterson, and y^ three Serv". Charles 
Pickerin allowed by y" request of VVm. Bearing to speake for the 
Serv''; and John White, by request, was allowed to speake for Flans 
Peterson. 

John ^Vhite being asked what he had to say against the Serv'' of 
Wm. Bearing, Said that they were noe Befend**, for y' they were well 
satisfyed w"" y" Judgm' the Court had given against them, and there- 
fore, they expected a Charge from them ; and that if Hanse Peter- 
son should give a Charge against y" Serv", he was not prepared with 
his Evidences, not knowing that it would be tryed over againe. And 
Hans Peterson himself said, that notwithstanding he endeavoured to 
bring his Wittnesses but they refused to Come, and he knew not how 
to force them, being Ignorant of y" Way, since a Justices Summons 
was not a Sufficient \Varr' for appearance before y" Councill. 

Then Charles Pickering did alleadg y' y^ Serv'' wereTrappand by 
Hans Peterson, who some dayes before y" Court,bidd them not appear 
there, promising them not to appear to prosecute them, by w^'' deceit 
they were unprovided for a deffence. 

John AVhite made answer that that could not be, for y' Hans Peter- 
son was bound in bonds not to prosecute them. 

To prove Charles Pickerin's allegations : 

Rob' White was called for and attested to declare what he knew 
of y^ matter ; who said y' in his hearing Hanse Peterson tould Wm. 
Bearing, that he would Cleer them and bring them off, and y' he need 
not to appeare. Hanse Peterson desiring he should be asked what 
time it was he heard him so, made answer he had forgott, but as 
well as he can remember, it was about six days before y*" Court. 

Then falling into a Contraversie about y" Legallity of y" Indictment, 
w'^'' was grounded on y" 96 and 164 Chap' in y" Laws, it was ordered 
to be Read, and approved of. 

Charles Pickerin desired Wm. Bearing should be attested to declare 
that Hans Peterson had said to him about his servants. 

The Councill ordered them to withdraw, and then debated whether 
y^ M' being Concerned, should be attested as an Evidence. 

They gave their opinions he should be attested, w""" was accordingly 
don ; and then declared y' Hans Peterson seeing him look angerly, bid 
him not be angry, for that he would bring his Serv" off, and y' he was 
sorry for what he had done, &, y' it was don in his Passion. 

Edv/ Green was attested to Beclare what he knew of y" Matter, 
declared : 

That some Time last Winter y^ M' Invited him on board, and goeing 
both together there, thev found Hans Peterson's Wife Avith some other 
women : a Short time after Can:e Hans Peterson on board, w"' a 



100 MINUTES OF THE 

Complaint that some persons belonging to y'' Shipp had Killed his 
Hoggs : That Hans's Wife did then declare y' y^ person that killed 
the hogg had before acquainted her with his purpose of doeing it, 
and after y*" hogg was Killed, did give her notice therof, that his 
Master might be Charged with it, the Master having before agreed 
with Hans for pork for his men, and y' she tould him he might Carry it 
on board ; and lurther saith y' y" s"* Hans did at y*" same time owne y ' 
v" s'^ M' had spoak to him to lett him have some fresh pork for his 
people, and y' he had promised they should : and iiirther, that y" s'' 
Hans said that provided he was pay'' for his Hogg he Would be con- 
tented, & y' y° Master agreed to doe it. 

Cornelius Empson Was attested to declare what he knew of y" 
])uisness, who said that when he had blamed Hans Peterson for In- 
dicting y^ Servants of Wm. Bearing, when they had tould him before 
they would kill one of his Hoggs, he made answer that he was too 
liasty in it, but should bring them off well enough. 

Then they were ordered to withdraw, whilst y' Councill should 
debate y'' matter, but Immediatly Stepd in Abraham Man & John 
Blunstone. Abraham Man began thus: Wee arc come in y" name 
of y*" free people, to know whether you have not forgott yourselves in 
not bringing Judg Moore to a Tryall. 

The Secretary asked him for his Petition. 

Abraham Man made answer, that they did not look upon themselves 
obliged to come by way of Petition, considering whome they Repre- 
sent: after some Sharpe repremands, from y* Councill, they withdrew, 
and then y* Councill 

Adjourned till 7 y" next Morning. 



At a Councill in y^ Councill Roome at Philadelphia, The 29" of y'^ 
5 "•month, 1685. 

preseivt: 
THOMAS HOLMES, Presid'. 

Wm. flrampton, Tho. Janney, Edw'^ Green, 

.Tno. Symcock, Nich. Ncwlm, Wm. Markham, Secrc. 

John Barnes, 

The Petition of Joseph Massey, M' of y' Ship Grayhound of Lon- 
don, was Read, setting forth his Carpenter's absenting himselfe from 
his service, requesting a warr' to serch for him in any suspected 
place of Concealing him : granted liim, and that if apprehended, he be 
brought before y" Councill, to be dealt withall according to Law. 

The Petition of James Sanderlin's and Neals Lawson was Read, 
Complayning that they Could not have their Lands Resurvey^ in the 
towne Ship of Chester, alias Upland, according to an order from y' Go 
vernor. 

Appointed to be heard y^next Sitting ofy' Councill, and a Sumons. 



PROVINCIAL COUNCIL. 101 

to he sent to Charles Ashcome, Deputy Survey'' ofye County of Ches- 
ter, to give his reasons why he hath not ohcyed ye said Warr': and 
notice to be given to James Sandcrhng and Neels Lawson, y' they 
may then appearc. 

Charles Pickerin, John White, Wm. Bearing, Hans Peterson, 
and y'^ three Servants of vYni. Bearing being Called, all of them were 
asked whether they would leave the whole Buisness & Ditierence be- 
tween them to what y" Councill should order, orthatthey would have 
tryd by law. 

They all agreed to leave it to this board to doe what they pleased 
therein. 

'I'hey were Ordered to withdraw, and then y* Councill Debated 
ahout it, but it being urged that y^ parties Concerned had not bound 
themselves in any penalty to Stand to their Order, they were Called 
in againe, and Hans Peterson Enters into Recognisance to y'' Gov"' of 
l(*nn pounds to Stand and abide by y"" Ord"" of y'' Councill. 

Wm. Dearing Enters into a Recognizance of tenn pounds to y^Gov' 
in behalfe of his Serv'' that they shall stand & abide by y' Order of y" 
( 'ouncill. 

They were Ordered to withdraw, and after debate y^ Councill Con- 
cluded thus : That y^ Master Wm. Dearing, pay in behalfe of his 
three Servants, unto Hans Peterson, one pound three shillings, for 
y ' Hogg they killed of y" said Hans Peterson ; And that Hans Pe- 
terson pay five pounds and tenn shillings, one pound tenn shillings 
whereoff, is to be payd to y'' Secretary, and four pounds to y" High 
Sheriff of New Castle County, towards Charges, and that they release 
one another under hand & Scale, and y* three Serv'" goe quietly about 
their buisness. 

John Blunston & George Maris, Came to renew their former de- 
sire in behalfe of y" Assembly, y' Patrick Robinson might be removed 
out of his Publique Offices, and that y" Tryall of Nich. Moore might 
not be delayed. 

The Councill answered, that as soone asPresid' Lloyd, was come 
from New York, (\vho is Expected the next week,) they would give 
them an answer, but at present Could not. 

In regard, Patrick Robinson was his Deputy in y*^ Office of M'' of 
Y= Rolls. 

Ordered that VVm. Stockdalc and Cornelius Empson, have a Com- 
mission forthwith to be Justices of y" Peace for New Castle County, 
their Comission to stand in force for one year, or till further Order. 

Adjourned till three in y" Afternoone. 

rOST MERIDIEM. 

The Same Members of Councill mett this afternoone. &: 
Adjourned till further order. 



102 MINUTES OF THE 

At a Councill in tlie Cotmcill Roome at Philadelphia y' 19* fJ* 
Mo., 1685. 

pkesent: 
THOMAS HOLMES, Presid'. 
Chris. Taylor Wm. frampton, Wm. Markham, Seere. 

The Petition of Rich"^ Blackleach of New England, March', was 
read, setting forth that Benjamin Chambers of Philadelphia is Indebt- 
ed unto him y" sume of fourty and one pounds, and of his necessity 
of being suddenly at home, y' he could not without prejudice stay 
till y" Court in its proper time should sitt, therfore Craves a Special 1 
Court. 

Ordered y' a Comission be made for y" same to be held on y ' 
24"' Ins'. Directed to y" Justices of Philadelphia County, or any four 
of them. 

Adjourned till further Ord', 



The 24'" 6'" Mo., 1685-. 

Information being given to y*" Secretary by Sam" Land, that by y" 
Death of one Lewis Davis formerly of New Castle County, his Estate 
for want of Heirs, and Dying intestates, fell to y" Gov"', and that if not 
timely prevented, others would Administer upon it, to y" great Damage 
of y*^ Gov". The Secretary did give a Warr' to y'' Sherriff of y*' Coun- 
ty to take into his possession all y'^ Estate, both Reall and personal!, 6c 
to send y" account thereoff to y*^ Presid' & Councill, to be disposed oft" 
as they shall think fitt. 



At a Councill Especially appointed for y" Nominating of Judges at 
y^ Councill Roome at Philadelj^ia, The 14'" 7'" month, 1685. 

present; 
THOMAS LLOYD, Presid'. 

Tho : Holmes, Phin: Pemberton, Jno. Barnes, 

Jno. Symcock, Chr: Taylor, Wm. Markham, Sec re. 

Wm. frampton. 

Agreed that a Comission be drawne for Three Judges, Viz': James 
Harrison, James Claypoole and Arth. Cook. 
Ordered The Comission be drawn forthwith. 

Adjourned till y^ 16'" Ins'. 



PROVINCIAL COUNCIL. 103 

At a Meeting of y*" Councill in y* Councill Roome in Philadelphia 
The 16'" 7'" Mo., 1685. 

present: 
THOMAS LLOYD, Presid'. 

Tho. Holmes, Wm. frampton, Phin. Pemberton, 

Chris. Taylor, Wm. Southersby, John Barnes, 

Jno. Symcock, Wm. Wood, W^m. Markham, Secre. 

The Minutes of y'Councills from y'= 28'" of y^ 5* Mo. was Read: and 
wheras, on y" 29"" of y^ s' Mo., John Blunston &, George Maris tould 
y^ Councill that they came to renew their former desires in y'^ behalfe 
of y^ Assembly, &c. 

The Councill at y' time gave them answer, that as Soon as Presid' 
Lloyd Came from New York, who was Expected y^ next week, they 
would give them an answer. 

The Councill did now order this answer to be Recorded: That 
Nich. Moore being at this Time under a Week and Languishing Con- 
dition, and not under promising hopes of a Speedy Recovery, so 
that at present they Cannot give any Certaine or deffinitive an- 
swer. 

The Petition of Rich** Ingelo was Read, Requesting y" Councill y' 
y^ Tenn pounds allowed him out of Each County for his service don 
y" Contrey, they would be pleased to order might be forthwith 
payd. 

Order y' Each County pay him y^ next month, without further 
delay, and y' he address himselfe to y* members for Each County 
for y" Performance of y" same, provided that he bring in y^ minutes 
of y'' Councill, ffairly Drawn out. 

The Petition of James Sanderling & Neels Lawson, w'*" was Read 
y' 29"" S"" month last, was now Read againe, Complayning that they 
Could not have their Lands Rcsurveyed in y" Towneship of Chester, 
according to an Order from y'' Gov''. 

The Petitioners and Charles Ashcome, being Deliberately heard 
before y' Councill, the board Generally Concluded y' y° Omition of y' 
Deputy Surveyor was not justifiable. 

And y" Petitioners further Complayning of wrong & Injustice don 
to them, as being two of y" six Claymers of their allottment in Ches- 
ter, Alias Upland Township, by Charles Ashcome, y'' Deputy Survey', 
Surveying of Land Contrarj^ to Warr', the first for Charles Picker- 
in, in Right of Eustas Anderson, near y° supposed bound of Upland, 
& a second Warrant for Charles Pickerin, for part of Ids purchase, 
w'"' being from y^ Survey"" Genall, only to be Executed upon land as 
neare as Could be to Upland, &: not in y^ township of Upland, and 
therfore the Councill unanimously Conclude that Charles Ashcom's 
serving of these W^arrants was Irregular, and whatsoever was done 
hereupon, Wee Cannot Conceive Valid. 

The Petition of Mary Mason, Widdow, was Read; Requesting y" 
Councill to Confirme y'= Sale of Lotts and Lands sold by y"' said Wid- 
dow, by y' Gov'^ Verl^all order, to pay her Desceased husband's Debts, 
and for subsistence of herselfe and Children. 



104 MINUTES OF THE 

James Harrison being present & attesting y" truth of y* Order, and 
she declaring y' y" Land sould was y** Citty Lotts, and y" Liberty 
Land, and but two hundred Acres out of one thousand, and not y' 
Land y' was Improved; y*" Council! ordered a Confirmation. 

The Councill adjourned till six to morrow morning. 



At a Meeting of the Councill in y" Councill Room In Philadelphia 
y^ 17"'ofy'=7"'Mo., 1685. 

PRESENT : 

THOMAS LLOYD, Prcsid'. 

Tho: Holmes, Wm. frampton, Phin : Pemberton, 

Jno. Symcock, Wm. Wood, Wm. Markham, Secre. 

Chr. Taylor, 

Ordered y' a Proclamation be Drawn and Published forthwith, to 
reinforce y'^ Law made at Upland prohibiting y^ sale of Rum, brandy, 
& other strong Liquors to y" Indians, under y'' penalty therein Ex- 
pressed, and y' all Magistrates take notice thereof, and put the same 
in Execution. 

Upon y^ Reading y"^ Petition of Philip Thleman against Tho: Mas- 
ter, for his not performing his Contract in building a house for y' $'' 
Phi. Thleman, 

Ordered y' both parties be heard before y" Councill. 

Complaint being made by Henry Lewis, Jolm Bevan and others, in 
y" behalfe of y° Welch friends, that their Lines runn out Regu- 
larly, according to y^ Gov'^ Warr', were notwithstanding, by 
Charles Ashcome, Deputy Survey' of Chester County, his undue 
Execution, of severall Later Warrants, prevented from y° quiet 
Enjoym' of y' tract that was legally __ laid out for them. 

The Board, upon y'' hearing of y" same, ordered y' Charles Ashcome 
be required to prepare and bring in to y" Councill a Draught by a scale 
of a 160 perches in an Inch, for all y*" Lands Surveyed and Laid out 
by him Westwardly of y'= N. N. W. line, runn By Ralph ffretwell and 
himselfe, and to attend the Councill & Comiss'' with it y" next Third 
day, by y' 9* hour in y" forenoone, for y" Speedy Composing y^ Dif- 
ferences & ascertaining y" lines between y'' Chester ffriends and 
others, and y" Welch friends, & in the meantime to Survey no more 
Land until further Ord'. 

The Councill adjourned till further Order. 



PROVINCIAL COUNCIL. 105 

At a Meeting of the Council in The Councill Roome In Philadelphia 
y« 22"- 7'" Mo. 1685. 

PRESET>!T : 

THOMAS LLOYD, Presid'. 

Tho : Holmes, Wm. frampton, Wm. Wood, 

Chr: Taylor, John Barnes, Wm. Markhani, Secrc. 

In Complyance with an Order of Councill, Dated y' 17"" Ins'., 
Charles Ashcome appeared and brought a Draught of y° Settlement 
upon y** West side of y'^ line Runnout by Ralph llretwell & himselfe : 
y" Councill upon perusall and observation of y^ same, and Compar- 
ing the lines thereof with a Draught made up by y" same Scale by 
David Powell, of y" Tract surveyed by him in behalfe of y'^ Welch 
friends, have recommended y° adjusting of y" Disputed bounds, and 
accomodating the Differences thence ariseing &; further likely to En- 
sue, unto y" Councill and Comiss" Joyntly, at their next sitting. 

Thomas Holmes acquainting y" Councill y' not withstanding the 
Gov" Express Orders to Charles Ashcome upon his going for Eng- 
land, under his hand, and by his Letter since, of his Complying 
with y" Gover" Determination of y" Differences between them, & that 
Charles Ashcome was to. Continue in his place, under Tho. Holmes, 
for so he was and so he must be, (were y'' Gov'" words,) in Case he 
will behave himselfe, and did make Exact Returns, &i pay to y'' Sur- 
vey"" Genall share of ffees. The Councill proposing these termes to 
Charles Ashcome, and he not Complying to y'' satisfaction of y' 
Councill, they have agreed to Continue their Order to forbid Charles 
Ashcome to Survey any more land in y" County of Chester, till ho 
submitt to y" Gov'"' Instructions, or bo Impowred by the Councill and 
Comiss" to proceed further. 

Phil. Thleman's Petition against Tho. Masters was Read. 
Ordered y' Tho. Masters be sent to to attend y" Councill in y" after- 
noone. 

Wheras, James Harrison, James Claypoole & Arthur Cook, were 
nominated by y^ Councill y' 14"" Ins', to be Prov" Judges, & orders 
given to prepare a Comission to Authorize them to act thereby on y" 
24"' Ins', and y" 24"" of y'' next second month, but James Harrison, 
& Arth. Cook being informed thereof. Desired Ernestly to be Excu- 
sed therein, and Declared their utter Indisposedness thereunto; and 
James Claypoole being prevented by great Illness from serving there- 
in, y" Councill, upon further Consideration have, in Order to answer 
y" due Expectation of such persons who are Concerned in appeals, 
Unanimously agreed to Shew their Readiness & Willingness in Re- 
ceiving such appeales w"'' are to be brought in to y" Secretary's Office, 
& to give their further attendance in Councill to Deside Differences 
w''' are to be Determined y' 24"' Ins', being y^ Day the Prov" Court 
was appoynted to Sitt. 

The Councill adjourned till 3 in y' afternoone. 



106 MINUTES OF THE 

POST MERIDIEM. 

The same Persons Present. 

John Rambo, y" son of Peter Rambo, being accused of fornication 
before the Councill, was bound over to y'' next County Court at Phila- 
delphia, his father, Peter Rambo, and his Brother, Gunner Rambo, he 
produced for Security, w"^ was accepted. 

Peter Rambo y" Elder, and Gunner Rambo, Joyntly and Severally 
Enters into recognizance of five hundred pounds. Currant Money of 
this Province, to y" Proprietor and Gov'', that Jno. Rambo shall per- 
sonaly appear at y^ next County Court to be held at Philadelphia, to 
answer an Indictm' against him for foi'nication and other misdemean- 
ors, and he not to Depart from y^ Court without being acquitted, or 
leave from y° bench, otherwise to forfeitt his bade. 

Information being Given to y' Councill by Capt. Cock, of y' Indians' 
willingness to sell all their right & Claime to the Land between 
Upland & Apoaquinamy, as farr backward as they have any Claime 
thereunto, and that they proposed a meeting at Widdow Scalcop's on 
y" SQ"* Ins', in order to treat about y' same : The Councill thought 
lit to order Capt. Tho. Holmes, John Symcock, & y° Secretary, or any 
two of them, to be at y"^ place afores'', w"' full power to treat and Com- 
pleat y^ purchase w* them, and to Call to their assistance what mem- 
bers of y^ Councill can Conveniently be there 

The Councill adjourned till 7 to-morrow morning. 



At a Meeting of the Councill in y" Councill Roome at Philadelphia 
ye 23'i' 7'!. Mo., 1685. 

present: 
THOMAS LLOYD, Presid'. 

Capt. Tho. Holmes, Wm. frampton, Wm. Markham, Secre. 

Chr. Taylor, Jno. Barnes, 

Ordered that a Comission be drawn forthwith for James Bradshaw, 
to be Chief Survey'' & Chief Register of y' County of New Castle, to 
be in force till y*" Gov"^ pleasure be further knowne. 

The Petition of Henry Reynolds against Tho. Usher, Justice of y^ 
Peace for y" County of Chester, Complayning that y^ s'' Tho. Usher 
had Imprisoned him by his Warr' to y" Sherriff only upon y' bare 
word of his accuser. 

Ordered y' a Coppy of y^ Petition be sent to Tho. Vsher, and that 
he make Speedy answer to it. 

Ordered y' Notice be given by writing, sett up at y° Gate, That 
the Councill will sitt to-morrow in y"" forenoon by y'' 9"" hour, to Re- 
ceive Complaints and Grievances. 

The Councill adjourned till to-morrow, Eight in y^ forenoone^ 



PROVINCIAL COUNCIL. 107 

At a Meeting of the Councill in y*" Councill Roome at Philadelphia 
y'24"'7"' Mo, 1685. 

PRESENT : 

THOMAS LLOYD, Prcsid'. 

Capt. Tho. Holmes, Wm. frampton, Wm. Markham, Secre. 

Chr: Taylor, Ed w'' Green, 

The Petition of Edw"* Evaret was Read, Requesting his money 
due for wayting on y' Prov" Judges with his Boat, in the Goeing their 
Circuite. 

Ordered that he bring in his Contract and Certificate relating to it, 
& then y" ('ouncill will give their Answer. 

The Petition of Peter Gronendike was Read, setting forth that 
whcras severall people, and perticularl)'- Wm. Clark, have obtained 
JudgnV by Petitioning y" County Court of Sussex, against the Estate 
of Cornelius Verhoof, Deceased, without Summonsing y" Petitioner, 
who is Executor to y*" said Verhoof, and have served Execution ther- 
upon, notwithstanding y^ Petitioner did Publish some time before, v' 
if any person had any accounts against y" Estate of Cornelius Ver- 
hoof, Deceased, they should bring it in to y^ Petitioner, and that Iw^ 
would Endeavor to make satisfaction. The Petitioner beggs y" Coun- 
cill for Redress against such lUegall proceedings. 

The Councill Considering y'' Complaint, doe Judg y^ Proceedings a 
grievance, and not Justifiable by our Laws, though it hath been y" 
practice of y^ Lower Counties to grant Judgm' against y" Estates of 
Deceased persons without precedent Summons, only the partys Peti- 
tioning the Court and proving their Debt was sufficient. 

Information being given to this board y' Tobiah Leach tould an Indian 
Woman that y'' English would sell them no more powder nor shott, 
but did intend to Cutt them all off. The Board Ordered that y" Secre- 
tary send a summons to y^ s'' Tobias Leech to appeare forthwith be- 
tbre them, to answer to the Information. 

Phil. Thlcnraan put in his apeale (from y" County Court to v" 
Prov" Court) to y" Councill. 

Ordered that a Summons be sent from y'' Secre. To Tho. Masters, 
to attend the Councill in y" Afternoon, to answer to y" appeale. 

The Councill adjourned till 3 in y" afternoon. 

POST MERIDIEM. 
present: 
THOMAS LLOYD, Presid'. 

Capt. Tho. Holmes, Wm. frampton, Wm. Clark, 

Chr: Taylor, Edw'' Green, Wm. Markham, Secre. 

A letter was read from Wm. Darvall, Directed to y" Presid' and 
Councill. Ordered to be read againe to-morrow, and then to be Con- 
jiidered off. 

The Coun-^ill adjourned till To-morrow morning. 



108 MINUTES OF THE 

At a Councill in y" Councill Roomc in Philadelphia y' 25"' 7"" 
Mo., 1685. 

present: 
THOMAS LLOYD, Prosid'. 

Chris. Taylor, Wm. Wood, Wm. Markham, Secre. 

Wm. Clark, Edw" Green, 

Ordered that Patrick Robinson be vvritt to by y^ Secretary, to bring 
in, or transferr to y'' Secretary's Office forthwith, what appeales or 
other writings he hath, w'* was to be Determined before y* Prov" 
Judges at a Court to begin y' 24 Ins' at Philadelphia. 

Patrick Robinson appeared, and gave an acco'of what appeales he 
had Delivered to y'' parties Concerned. 

Tobias Leech Appeared, in Obedience to a Summons sent him 
from this board y' 24"' Ins', and giving a Credible relation of his 
Clearness of what was alledged against him, was Dismissed untill 
further Order. 

The Councill adjourned till 3 in y' Afternoone. 

POST MERIDIEM. 
present: 
THOMAS LLOYD, Presid'. 

Chris. Taylor, Wm. frampton, Edw** Green, 

Wm. Clark, Wm. Wood, Wm. Markham, Secro- 

The Letter from Wm. Darvall y' was read Yesterday, w"^ had no 
date, was againe read, adviscing y'' Councill that one Jno. Curtis, -a 
Justice of y" Peace for Kent County, was accused by John Brinkloe 
of High Treason, and y' y^ Witnesses were Examined before five 
Justices of y'' Peace, & y' Curtis upon y^ Examination, was Co- 
mitted. 

Wm. Berry, one of y' Justices of Kent County, & George Martin, 
High Sheriff of y" said County, being in towne, were sent for to y' 
Councill: the Councill asked them if they knew any thing of Jno. 
Curtis being accused of Treason, tould y'^ board they were at y*^ Ex- 
amination: The Councill desired they would give under their hand 
what they Could remember of y'' Examination; The w*"'' they did. 

Ordered that a Warr' be sent to y^ Justices of Kent County, for 
y' Security of Curtis, and sending y'' Examinations with all speed to 
y' Councill. 

Henry Reynolds bemg bound at y" last Prov" Circular Court hekl 
at Chester, in four hundred pounds penalty, to make his personal! 
appearance before y"^ next Prov" Circular Court held at Chester, if 
any be, or at next Prov" fixt Court at Philadelphia, to answer to an 
Indictm' to be Exhibited against him By Wm. Rawson, for Wound- 
ing, beating and Killing of Mary King, his late serv" maid, as appear- 
ed before y" Councill by a Coppy of y*" Records from y*" aforesaid 
Court, The foresaid Henry Reynolds made his personall appearance 



PROVINCIAL COUNCIL. 109 

before y'' Presid' & Councill, in order to discharge his aforesaid obli- 
gation, where no person prosecuted, Petitioned, or brought any Com- 
plaint against him. 

The Councill adjourned till To-morrow Morning. 



At a Meeting of y*" Councill in the Councill Room In Philadelphia 
ye o6"> r" Mo., 1685. 

present: 
THOMAS LLOYD, Presid'. 

Chr. Taylor, Wm. frampton, Edw** Green, 

Wm. Clark, Wm. Wood, Wm. Markham, Secre. 

Vpon Information giving the Councill that a W^oman in Philadel- 
phia this morning, Came by an untimely Death, & that Griffith Owen, 
y^ Coroner, was Incapable by sickness to Officiate in his place, the 
Councill ordered a Comission for Henry Lewis to be Coroner untill 
further Order. 

The Councill Adjourned till 3 in y' affiernoon. 

POST MERIDIEM. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Chris: Taylor, Wm. Clark. Edw"^ Green, 

Capt. Tho : Holmes, Wm. frampton, Wm. Markham, Secre. 

The Petition of Wm. Berry and George Martin, in y^ behalfe of 
themselves & those Justices of Kent County that Subscribed a request 
to y" Councill, was read, and also y" Request Requesting that y*" Coun- 
cill would be pleased to Continue Wm. Clark a Justice amongst 
them, his Comission from y^ Gov' to be Justice in Generall being Ex- 
pired. 

The Councill answered they would Consider of it. 

The Councill adjourned till y" 28"" Ins', seaven in y^ Morning. 



Jit a Councill in v*^ Councill Roome in Philadelphia The 28'" 7* 
Mo., 1685. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Capt. Tho. Holmes, Edw*^ Green, Wm. frampton, 

Chr. Taylor, Wm. Clark, Wm. Markham, Secre. 

The Councill Considering y"^ Request of y® Justices of Kent Coun- 
ty that was read the 26* Ins'. 

10 



110 MINUTES OF THE 

Ordered that Wm. Clark's Comission from y^ Prop"'' & Gov', bear- 
ing date y^ 5"' 6*^ Mo., 1684, for Justice of y'' Peace for this Province 
and Territories, be subscribed to Continue for one whole year longer, 
or till further order, and to Sett y*" Seale of y*" Province to it. 

James Maxfield Requested y° Councill that they would grant him 
a Lycense to Keep an ordinary in Kent County. 

Ordered him One. 

John Brinkloe of y^ same County, requested y" like, and was 
granted. 

Phillip Russell had granted y'' same to be kept at Lewis. 

Wm. Phillips having obteincd a Judgm' against Edw^ Green in y' 
County Court of New Castle, held y*' 21 & 22'^ Days of y" Last first 
month, for twenty-seaven pounds three shillings and Eight pence, 
being y"" supposed Remainder of y'^ purchase money, is owing toWm. 
Phillips for a Plantation sold by him to y*" s'' Edw"* Green, the De- 
fend' appealing to y^ Court at Philadelphia. Both parties apcaring 
before y^ Prcsid' and Councill and Submitting y" finall Determination 
of y" Difference between them to this board, the Councill upon through 
hearing of both and of what they could allege in their Respective 
behalfes. Ordered that Edw"" Green shall at or before y'= 24"' of y'' 
next tenth month, make Certaine pay of y*" Sum of twenty-two pounds, 
tenn Shillings, Current money of this Province, unto Wm. Phillips, 
and that ui)on such paym' as before. The s'' Phillips shall make a 
sufficient Conveyance of y^ Premises to Edw'' Green, according U ' 
Law, and that the County Court Charges, &y' Charges of this Board, 
shall be boare Equally by y" said parties, and upon non-Complyanc 
wit this order, Execution to be Issued forth accordingly. 

The matter In Difference between Peter (jronendicke, Plan', & 
Allex. Humpheris, Defen', upon an appeale from y*" (^ourt of v" Coun- 
ty of Kent, held y"= 11'" 12"' & 13'" days of y"^ first month, 1683-4, to 
y" Gov' & Councill Being heard before this board, and thoroughly De- 
bated, both parties Present, Concluded that y*" Plantive in y" appeale. 
has paid y" 60001b. of Tobacco in Difference unto francis Whitwell. 
by order of y^ Deffend'. This board doth therfore order that y" Plan- 
tif according to his Express Covenants in his bond upon his appeale., 
pay all y" Charges at this board, and all other Charges to be payd 
by y^ Def. 

Wheras, tliere was a difference between Griff Jones & Edw"^ Green, 
v^*^" was submitted by them to be heard & Determined at this board, 
and through y*" Indisposition of Griffith Jones he could not appear, it 
is Referred to y*" next sitting of Councill unless Sooner accomodated. 

The Councill Adjourned till further Order. 



At a Councill in y' Councill Roome in Philadelphia y' 5'" 9'" 
Mo., 1685. 

PRESENT : 

Capt. TPIOMAS HOLMES, Presid'. 

Chr: Taylor, Wm. frampton, Wm. Markham, Secre. 

Jno. Symcock, Jno. Barnes, 



PROVINCIAL COUNCIL. Ill 

The Examination of Jno. Curtis, and Inlbrmation of y' Witnesses 
taken before y*" Justices of Kent County, was sent to the Councill 
according to an Order bearing date y** 25"' 7"' Mo., 1685, was Read 
with a Letter from John Brinkloe, Clark of y^ County aforesaid. 

Ordered y' a Comission be fortliwith made for Wm. Clark and 
Jno. Cann, to be Speciall Commiss"^ to Try John Curtis of Kent 
County, who stands accused of speaking ol" Dangerous & Treasona- 
l)le words against y" King. 

The Gov"" Letter to y' Presid' & Councill, Bearing Date v' 19'" 6'" 
Mo., 1685, was Read. 

The Petition of y^ Justices of y^ County of Philadelphia to this 
board was Read, Intreating they would be pleased to take y" Gov"^ 
Letter into their Consideration, w^^ was directed to y'' Justices of Phil- 
adelphia. 

Ordered that all Lyccnces for Ordinary Keeping be forthwith 
Called in. 

Ordered y' Publicq Notice be given to all y^ families that lives 
in Caves of Philadelphia to appear before y^ Councill y*" next 
sitting. 

A Petition from y" County Court of Philadelphia was read, setting 
Ibrth that several 1 servants brought from England in y^ Last Ship 
that came hethcr, that are to serve in this province, and y' y" Master 
Intends to Carry them to Virginia, w''' is Contrary to y'' Laws of the 
Province, Requesting y' Councills Consideration of the same, 

Ordered y' y'' Messenger give notice to y" M'' of y*" Ship to appear 
before y'' Councill to-morrow morning. 

James Bradshaw's Comission for Chief Survey"" and Register of y^ 
County of New Castle, w'" was ordered y" 23'' 7* Mo. last, and bear- 
ing y^ same date, was this day signed by the Presid', Capt. Tho. 
Holmes, with y" Consent of y" Councill. (Tho. Lloyd w"*" was Pre- 
sid' at y'' time of y^ date of y" Comission being at New York.) 

The Petition of Joshua Hasting was Read, against Charles Ash- 
come. Referred to y" next sitting of Councill, and a Sumons to be 
sent him by y^ Secretary to make his appearance. 

A Letter from Tho. Usher bearing date y'' 4"' 8"' Mo., 1088*^, was 
read. 

Ordered that Tho. Usher and Henry Reynolds have a hearing be- 
fore y^ Councill y" next sitting. 

Ordered That Sam" Carpenter be desired to be at y° Councill to- 
morrow morning. 

The Councill adjourned till Eight to-morrow morning. 



♦Evidently 1685. 



112 MINUTES OF THE 

At a meeting of the Councill in the Councill Room In Philadel- 
phia y' 6'" 9'" month, 1685. 

present: 
Capt. THOMAS HOLMES, Presid'. 

Chris. Taylor, Wm. framplon, Wm. Markham, Secre. 

Jno. Symcock, Jno. Barnes, 

Ordered that James Claypoole,Rob' Turner, Sam" Carpenter, John 
Jones, Wm. frampton, Patrick Robinson, John Test, Jno. Songhurst, 
be writt to, Desireing them to come forthwith to the Councill, they 
havinn- urgent buisness with them about the Subscriptions. 

The Persons above mentioned all Came to y^ Councill where they 
Discoursed about y' Subscriptions. Concluded amongst themselves 
to meet too-ether in y' afternoon, to Consult about methods how to 
proceed in order to Discharge their Obligation, and give an acco' 
thereoffat y' next sitting of y^ Councill. 

James Skinner, M' of y' Pink Rebeca that was yesterday sent to to 
come before y' Councill this morning, Came with the Indentures of y^ 
Servants mentioned in y^ County Courts. 

Petition Read yesterday, they Rann to serve James Skinner from 
y' Day of y' Date untill their first arrivall in Virginia, or any other 
part of America, and after, for and during the Terme of four years. 

Ordered that y'' Secretary give notice to Wm. Clark and John 
Cann, that they are appointed Comiss" for y' Tryall of John Curtis, 
that they may prepare themselves accordingly. 

Ordered that y' Secretary give notice to y'' Sherriff of Kent County 
to prepare y' County for y" Tryall of John Curtis on y" 24"' Ins', by 
Comiss" appoynted for that purpose. 

Ordered a Generall Comission of the peace be Drawn for y'' 
County of Philadelphia, and to put in these persons following. Viz' : 
James Claypoole, Wm. frampton, Hump. Murrey, Wm. Salway, 
John Revan, Lacy Cock, Wm. Wardner, Sen""., Rob' Turner, Jno. 
Moon. 

The Councill Adjourned till y^ 16'" Inst. 



At a Councill held at y" Councill Room in Philadelphia y' 16"' 
9'" Mo., 1685. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Capt. Tho. Holmes, John Symcock, John Cann, 

Chr. Taylor, Jno. Barnes, Wm. Markham, Secre. 

Wm. frampton. 

Ordered that a Comission be forthwith made, Impowring Rob' Hall 
to be Coroner for y*" County of Bucks. 

The Complaint of y' friends, Inhabitants of Concord and Hertford, 



PROVINCIAL COUNCIL. 113 

against the Indians, for y' Rapine and Destructions of their hoggs 
was Read. 

Ordered that y= Respective Indian Kings be sent for to y" Councili 
with ail speed, to answer their Complaint. 

The Inhabitants of the Welch Tract Complaines of the same, by 
an Endorsem' on y^ aforementioned Complaint. 

The Councili adjourned till 4 in y*" afternoone. 

POST MERIDIEM. 

The Councili niett and adjourned till Seaven to-morrow morning. 



At a Meetina; of the Councili in v° Councili Room In Philadel- 
phia y^ 17'" 9'Snonth, 1685. 

prese'tst : 
THOMAS LLOYD, Presid'. 

Capt. Tho. Holmes, John Symcock, John Cann, 

Chr. Taylor, Wm. frampton, Wm. Markham, Secre« 

J no. Barnes, 

The Petition of Joshua Hastings against Charles Ashcome, that 
had been Read y'' 5"" Inst', was Ordered to be Read againe, to w*^ 
Charles Ashcome appeared, according to a summons dated y'' 6"" 
Inst'; it was Concluded no proper place to End their Differences it 
lx?ing matter of Law. 

The Petition of Tho. Bud was Read, Requesting a Speciall Court 
to End a Difference between Phill. Thienman & himself. 

The Councili sent for Phill. Thienman, and advised them both to 
goe together and try if they Could friendly End it between them- 
selves, y° w* they did. 

The undertakers of y^ Subscription Came to y' Councili according 
to their promise y'^ Sixth Inst', and Presented their Report, with a 
list of y^ Subscribers and what subscribed, y^ whole amounting to 201, 
19,2, to w-^" Chris. Taylor at y'= board subscribed 6, 00, 00. The 
Councili Comcnded their Deligence, and promised them tljcir further- 
ance and Assistance therein. 

The Petition of Sam" Carpenter was Read, Requesting a Speciall 
Court to try his Servant that Stands accused of fellony. 

The Councili adjourned till 5 in y"" aficrnoone. 

POST MERIDIEM. 
pp.ese^t: 
THOMAS LLOYD, Presid*. 

Capt. Tho. Plolmes, Jno. Cann, Jno. Barnes, 

Wm. frampton. Pef Alrichs, AVm. Markham, Secre. 

Chr. Taylor, 

10* 



114 MINUTES OF THE 

The Case sett forth in Sam" Carpenter's Petition being Consid- 
ered off, is Referred to y' Due Course of Law, according to his Com- 
mitment. 

Tlie Gov" Letter to y^ Magistrates of Philadelphia being Read, bear- 
ing date y' 26* 5"' Mo., 16S5, by Request of their Petition, Read 
y' 5"' Inst\ with y^ Letter afores^ and publiq notice being then given 
to all y' familys living in Caves to appeare before the Councill at 
their next sitting, but none obeying y' said order ; It is now further 
Ordered that notice be againe Published that the Councill will put 
y' Gov" Order relating to y' Caves in Execution in one month's 
Time. 

Ordered y' a Comission be forthwith drawne to authorize John 
White to be Atturney Gnall for y' Prosecuting of Jn" Curtis of Kent 
County, who Stands accused of Speaking of Dangerous and Trea- 
sonable words against y^ King. 

John Cann advising with y' Councill that were as he was Impow- 
red by this board to Officiate as Register of y^ County of New Castle, 
in y*" Vacantcy of a Comission, Desire to know whether he may De- 
liver up the originall papers belonging to y' Office to y'' person Co- 
missionated, with all other things relating to it. 

Their advice was that upon his Delivery of what Relates to y'' Re- 
gister's Office to James Bradshaw,y'' now Register, he take his Receipt, 
w^ shall be allowed as a sufficient discharge to him. 

The Councill adjourned till further Order. 



At a Meeting of the Councill in y° Councill Room In Philadelphia 
y^ 1» 10* month, 1G85. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Capt. Tho: Holmes, John Barnes, Wm. Markham, Secre. 

Chris : Taylor, 

A Letter from John Otter to y' Presid', bearing date y" 26'^ 9'" Mo. 
last, was Read, Requesting that a Special 1 Comission be granted for 
y'' Tryall of David Davis the next Court, who is a Prisoner in y° 
County of Bucks, on suspition of killing his servant. 

The Councill having Considered the same, and to y*" End that 
Justice might bespeedly dispatched, and y" Matter being approved of, 
they unanimously agreed that a Comission be Expeditiously prepared 
for y*" authorising & Impowring of James Harrison, Arthur Cook, 
Tho. Janney,Wm. Yardlcy, Wm. Biles, to be special Comiss'^ to hear 
and Determine all heinous and Enormous Crimes that shall be 
brought before them in y" County of Bucks, in a Court there to begin 
on y' 10'" Inst', by them to be held. 

The Secretary Reporting to y' Councill how y* y' Grand Jury for 
y" County of Kent Returned by vertue of a Comission directed Spe- 
cially to Wm. Clark and Jno. Cann, for the Enquiring, hearing and 



PROVINCIAL COUNCIL. 115 

Determining of an accusation of Treasonable words uttered by Jno. 
Curtis of y^ said County, against y^ King, brought an Ignoramus upon 
the bill of Indictment Pretiered against him; and further, being in- 
formed that the said John Curtis was Discharged without good Secu- 
rity given by him for y' Peace towards y" King, and good behaviour 
towards all y' King's Liege people. 

Ordered that Instructions be speedyly sent honc.-^. Directed to Wm. 
Dervall, Jno. Briggs & Tho. Willson, or any Two of them, whereoff 
Wm. Dervall to be One, to send for y° s'^ John Curtis before them, 
and to Receive of him a Recognizance to y" King in y* sum of Two 
hundred pounds, with two sufficient Suretys, Each in one hundred 
pounds, Joyntly and severally, for his good abearing towards the King 
and all his Leige people for y° Space of twelve months, and upon his 
Refusall, to Comit him to Prison. 

Ordered that a New Comission be sent downe to y' County of 
Kent, &. y' Jno. Curtis be left out of it. 

The Councill adjourned till further Order. 



At a Meeting of the Councill in the Councill Roome In Philadel- 
phia y' 9'" 11 '"Mo., 1689*. 

present: 
Capt. THOMAS HOLMES, Presid'. 

Chris. Taylor, Wm. Southersby, Wm. Markham, Secre. 

Wm. frampton, 

The Secretary Reporting to y" Councill that in y' Chronologie of 
y° almanack sett forth by Sam" Atkins of Philadelphia, & Printed 
by Wm. Bradford, oi" y* same place, there was these words, (the 
begining of Governm' here by y' Lord Penn,) the Councill Sent for 
Sam" Atkins, & ordered him to blott out y^ words Lord Penn ; & 
likewise for Wm. Bradford, y' Printer, and gave him Charge not to 
print any thing but what shall have Lycence from y*" Councill. 

Information being given the Councill by Wm. Southersby and Wm. 
frampton, that severall persons appoynted Justices in y" Comission 
for Kent County, Dated y^ 10* Hj"'Mo., Last, will not Officiate, and 
others therin mentioned will but seldome be there, to y" hazard of 
having not a Sufficient number to Keep Court ; 

Ordered that a New Comission be Drawn against y* 15"' Inst', In- 
serting Wm. Southersby, Wm. frampton, Wm. Berry, Jno. Briggs, 
Wm. Wimsmore, Tho.'Hesherd, Mich. Wotton, Jno' Walker, Tho. 
Willson. 

Ordered y' the Secre. give notice to all persons selling strong 
liquor by Retaile in Philadelphia, bring their Lycences to y° Coun- 
cill y' 15'" Inst', after w''' time they are to be no longer in force, in 
order to have them Renewed, if thought fitt, & all persons y' are de- 
sirous to have Lycence to Keep Ordinarys, may make their applica- 
tion to y* Councill y' same time. 

*1685. 



116 MINUTES OF THE 

The minutes of y* Councill of y' 1° 10"^ Mo., was Read, with y" 
Instruction made thereupon, w'** was presented by y' Secretary to y' 
Councill for signing. . But the Councill Refused, in reguard it was 
passed when Prcsid' Lloyd Satt Presid', and y' they knew not what 
Reasons he had to refuse signing it. 

Ordered that Notice be given lo as many of y' Councill as Possible, 
that they meet y" next Sixth day, it being y" 15"' Inst'. 

Ordered y' a Warr' be made for Jolm Hill to be high Sheriff of y° 
County of Sussex for one whole year, or till further Order. 

Ordered that Symon Irons have a Warr' to be Ranger for y'' 
County of Kent, to be in force for one whole year, or till further 
Order. 

Ordered y' a Warr' be made for Jno. Barnes to be Ranger for y" 
County of Philadelphia, to be in force for one whole year, or till 
furtlier Order. 

Ordered y' if Jno. Rhodes have not a Warr' to be Ranger for y' 
County of Sussex, that there be One made for Henry Bowman. 

The Councill adjourned till y" 1 5'" Inst'. 



At a meeting of y° Councill in y^ Councill Room in Philadelphia 
y' 15"^ day of y'' 11"' Mo., 1685. 

present: 
Capt. THO. HOLMES, Presid'. 

Chri: Taylor, Wm. Southersby, Wm. Markham, Secre. 

Wm. frampton, 

The Comissions that was ordered to be Drawn at y' last sitting of 
Councill, was this day Signed by y'' Presid', Viz': 

A Comission for the Justices of Kent County. 

A Comission for Jno. Hill to be High Sheriff of y"" Count}' of 
Sussex. 

A Comission for Symon Irons to be CheifF Ranger of y° County 
of Kent. 

John Barnes refuseing y*' ^^'arr' for Renger of y'' County of Phila- 
delphia, y" Councill Ordered Wm. Markham in his Roome. 

John Roads not being foimd upon Record to have had a War- 
rant for Ranger for Sussex County, The Comission was signed for 
Henry Bowman. 

John Persons, Tho. Persons, and Tho. Dikenson, that were Wit- 
nesses to a letter of Attorney bearmg date y' 26"" 7"' Mo. Last, Im- 
powring Andrew Robinson of West Jcrsie, and Wm. frampton of 
Philadelphia, Joyntly and Severally, from James Wallis, Charles 
Jones, ju'.. Rich. Crossly, Dan" Guillim, Tho. Taylor, (all of BristoU,) 
were attested to y" truth of y" same; y" Letter of Atturney was Endor- 
sed and sealed with y' Province Scale, vid Book Ent. 

According to y'' Order sett forth y" last sitting of Councill, that 
Ordinary Keepers within Philadelphia should bring in their Lyccncc 



PROVINCIAL COUNCIL. 117 

on this day, there brought in Tho. Hotton, Tho. Holina, Ge. Barthol- 
mew, Benja. Chambers, Mary Lichfield, their Lycences and had 
them Renewed, only Mary Lichfield they granted but for four month, 
& that was to give her lime to gett in her Debts, & provid herselfe 
some other way of Living. 

The Councill adjourned till Eight to-morrow morning. 



At a Meeting of y' Councill in the Councill Roomc The 16'" ll'" 
Mo., 1685. 

presejtt: 

Capt. THOMAS HOLMES, Preside 

Chris: Taylor, Wm. Southersby, Wm. Markham, Secre. 

Wm. frampton, Jno. Barnes, 

Ordered that y" Summs here Sett Downe be taken as security for 
Each person against who it stands, for his Keeping good Orders in 
his Ordinary, with one to be joyned with him. Viz: 

Wm. frampton, whose house was Lycenced in y' > r. kq 

Stead of Holiman's Lycence. 5 

Tho. Hooton, 50 

Benj. Chambers, 50 

Alee Guest, 20 

Geor. Bartholmew, 20 

Mary Lichfield, 20 

Ordered y' Joseph Knight have 3 months time given him to sell of 
the Drink & Provision he has in his house, & afterwards to provide 
some other way for a Lively hood, & not to Keep Ordinary longer 
in y^ Towne. 

Ordered y' a C omission be Drawne to Impowre Sam" Hersent to 
prossecutc all offenders against y" penall Laws of this Province, &; to 
search for those y' are on Record Convicted, & prosecute them if y' 
have not satisfyed y° Law. 

The Councill adjourned till y' 1'' 12''' Mo. Next. 



At a Meeting of the Councill in the Councill Room at Philadelphia 
y« 1" of yM2*Mo., 1685-6. 

present: 
Capt. THOMAS HOLMES, Presid'. 
Chis: Taylor, Wm. Southersby, Jno. Barnes, 

Wm. frampton, Edw'' Green, Wm. Markham, Secre. 



118 MINUTES OF THE 

Tho Persons appointed by Comission to be Justices for y" County 
of Philadelphia, bearing date y' 6"" 9"" Mo., 1685, being Summonsed 
by y" Sherritf to appeare before y'= Council I to be attested, they not 
having yett satt by Virtue of this mentioned Comission, There appear- 
ed and were attested : 

Wm. frampton, Hump. Morry, Lacy Cock, 

Jam. Claypoole, Wm. Salway, John Baven. 

Rob' Turner appeared but Refused to be attested, desiring to be 
Excused ; he would give liis Reasons some other time. 

Sam" Hersent, Atturney for y'' County of Philadelphia, was attest- 
ed in to y' Office. 

The Petition of y' Secretary s was Read, Requesting a Comission 
to seise Ships & Vessells, Either' by myselfe or by my Warr', 
directed to whom I shall think fitt, It was granted and a Comission 
signed. 

The Petition of Charles Pickerin was Read, about his Land being 
Survey'd away at Chester. It was Referred to y" Councill. 

Wm. frampton's Petition was Read, Requesting y'' Removall of y" 
Caves before his Door, he being about building a Wharfe. 

It was Granted, and a fortnight's time given for y' Removall of y^ 
Goods out of y" Caves. 

Adjourned till y^ S"" Inst' by Eight in y' Morning. 



At a Meeting of y° Councill y* S'" of y" 12* Mo., 1685-6. 

PRESENT : 

Capt. THOMAS HOLMES, Presid". 

Wm. frampton, Wm. Southersby, Wm. Markham, Secre. 

Adjourned till further Order. 



At a Meeting of the Councill in the Councill Roome in Philadel- 
phia The 30"" of y= first month, 1686. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Wm. Frampton, Peter Alrichs, Wm. Markham, Secref. 

Edw'' Green, John Roades, 

The Returne of y° Member of Councill and Members of Assembly 
for y' Next Ensuing yeare for y' County of Philadelphia was Read, 
and were : 

FFOR PHILADELPHIA. 

ROBERT TURNER, to serve in Councill for y' next three years. 



PROVINCIAL COUNCIL. 119 

ASSEMBLY : 

John Songhurst, Griffith Owen, John Goodson, 

James Claypoole, Andrew Binkson, Tho. Duckett. 

The Rcturne of Sussex County was Read : the Persons Returned 
were: 
WM. CLARK, to serve in Councill for y" Next Three Years. 

ASSEMBLY : 

Sam" Gray, Hen. Bowman, Albert Jacobs, 

John Vines, Norton Claypoole, Hen. Stricher. 

The Returne of Kent County was Read. The Persons returned 
were : 
WM. DERVALL, to serve in Councill for y'^ Next Three Ensuing 

Years. 

ASSEMBLY : 

Wm, Berry, Rich"" Willson, John Walker, 

Jno. Brinkloe, Rob' Bed well, John Bradshaw. 

Wm. Clark and Wm. Dervall were attested and subscribed there- 
unto, & then took their places in y^ Councill. 

Joshua Barkstead's Letter was Read, bearing date 17"' 1° Mo., 
85-6, Requesting a Discharge from his Office of Coroner of Sussex 
County. The Councill Reply'd a Speedy Course should be taken 
for his Discharge. 

Adjourned till Eight to-morrow morning. 



At a Meeting of y^ Councill in the Councill Room the 51 of y*" 1" 
Mo., 1686. 

PRESEXT : 

THOMAS LLOYD, Presid'. 

Wm. Dax-vall, Ph: Pemberton, Pet' Alrichs, 

Wm. frampton, John Roades, Wm. Clark, 

Edw'' Green, Wm. Southersby, Wm.Markham, Secretary. 

Tho. Janney, Nich. Newlin, 

The Returne of Chester was Read ; the persons Returned were : 
JOHN SYMCOCK, to serve in Councill y' 3 Years next Ensuing. 
FRANCIS HARRISON, to serve in Councill in Room of Wm. 

Wood Deceased. 

They were both attested and Subscribed thereunto, then took their 
places in Councill. 

ASSEMBLY : 

John Blunston, George Maris, Caleb Pewsey, 

Rob' Wade, Earth. Coppock, Sam" Lewis. 



120 MINUTES OF THE 

The Returne from Bucks County was Read; y' persons Returned 
were: 
ARTHUR COOK, to serve for a member of Councill for y' three 

next Ensuing Years. 

assembly: 
Joseph Growden, Wm. Yardley, Joshua Hoopes, 

Will'm Biles, Jno. Otter, Jno. Rowland. 

Robert Tui'ner Came in to y° Councill, was attested and Subscribed 
thereunto, and took his place at y^ board. 

Arthur Cook Came in, was attested and subscribed, and took his 
place at y" board. 

The Councill appointed a Comittee to Inspect y^ Laws & Re- 
ceive Complaints, and Report y' same to y" Councill, Viz' : being one 
of Each County : 

COMITTEE : 

Rob' Turner, Phi. Pemberton, John Symcock, 

John Cann, Wm. frampton, Wm. Clark. 

The Board understanding by the Respective members of Severall 
Counties, that severall appeals were granted from their County Court 
to y" next Prov" Court at Philadelphia, Upon Which y" Councill did, 
according to Law, nominate three persons, Viz : Arth. Cook, Wm. 
Clark & John Cann, to be Comissionated Prov" Judges, and Ordered 
the Comission to be forthwith Drawn. 

Adjourned till three in y° afternoon. 

POST MERIDIEM. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Wm. Clark, Pef Alrichs, Tho. Janney, 

Jno. Symcock. Edw"^ Green, Nich. Newlin, 

Wm. frampton, Wm. Southersby, Arth. Cook, 

Wm. Darvall, fran. Harrison, Phi. Pemberton, 

John Cann, John Roades, Wm. Markham, Secrc. 

Rob' Turner, 

The Comission from y' Gov" to y^ Prov" Councill, Impowring them 
to act in his Stead, with y° Mcmorendum on the back side thcrof, 
was Read. 

Sam" Herscn, High Sheriff of Philadelphia, was sent for by the 
Councill to Come forthwith before thorn, and to bring with him his 
Comission. He Came, but Excused himselfe for not bringing his 
Comission, telling the Presid' and Councill y' y" Chest wherein y' 
Com™ was, was Lock'd up in a Roome, and y' man y' had y" Key 
was out of Towne. 

The Councill Ordered him to bring it to-morrow morning. 

A Letter from John Brinkloe was Read, Requesting to be Dismis- 
sed from his Office as Clark of Kent County. 



PROVINCIAL COUNCIL. 121 

Ordered y' Wm. Berry be Comissionated in his Roome, and y' 
his Comission be forthwitli Drawne, 

Adjourned till Eight to-morrow IMorning. 



At a Meeting of the Council] in y" Councill Room at Philadelphia 
P' day of y^ 2-^ Mo., 1686. 



THOMAS LLOYD, President. 

Wm. Clark, John Roades, Nich. Newlin, 

Wm. frampton, Tho. Janney, Arth. Cook, 

John Cann, Rob' Turner, fran. Harrison, 

Pef Alrichs, Wm. Darvall, Edvv'' Green, 

Jno. Symcock, Wm. Southersby, Wm. Markham, Secre. 

Phi. Pemberton, 

According to an Order yesterday, Sam" Hersent Came before y"" 
Councill, and brought with him his Comission for high SherrifF of y" 
County of Philadeiphia, w'" was dated y' 2.3'' of y' 8* month, 1684, 
and was made to Stand in force for One whole year, or till further 
Order ; he was Ordered to withdraw, and then y" Presid' putt it to y^ 
Vote whether Sam" Hersent should be authorized to Execute the 
Office of Pligh Sherriff untill further Order. It was Carried in y^ 
Affirmative ; the Order Subscribed on y^ Old Comission and y^ Seal 
put to it, y" w* is Recorded. 

The Comission formerly granted to Sam" Hersent, bearing date y" 
1.5"' 11"' Mo., 1685-6, Impowring him to be Atturney for y*" County 
of Philadelphia, to prossecute all offenders that break y'' penall Statutes 
of this Province, was Read. It was put to y*" Vote whether a Sheriif 
should be an atturney in the same Court he is Sherriff: was Carried 
in y*" Negative, Ncmine Contradicente, with an Order thereunto to be 
made. 

Ordered by the Councill, y' no Clark of any Court within this 
Province and Territories should be allowed to plead as an atturney 
any Cause in y' Court he is Clark off. 

Itt was put to y'' Vote whether there should be an Order of Council! 
That there should be tenn days Respite between Judgment and Grant 
of Execution in all Civill Causes between man & man. In all Courts 
within this Province and Territorys, it was Carried in y^ Affirmative. 
The Makeing the Order was Referred to y" next sitting of Councill. 

Adjourned till Scaven to morrow Morning. 



11 



122 MINUTES OF THE 

At a Meeting of the Councill in The Councill Room the 2'' day of 
y« 2'' Mo., 1686. 

PRESENT : 

THOMAS LLOYD, Presid'. 

John Symcock, John Cann, fran. Harrison, 

Wm. frampton, Tho : Janney, Wm. Clark, 

Wm. Dervall, Pef Alrichs, Jno. Roadcs, 

Edw** Greene, Wm. Southersby, Wm. Markham, Secrc. 

Rob' Turner, Nich. Newlin, 

The last minute of yesterday's Councill was Read, about Respiting 
Execution after Judgm', and there upon was ordered y' there should 
be tenn days Respite between Judgm' given in y" County Courts with- 
in this Province and Torritoryes in all Civill Causes, and signing the 
Execution thereoif, and that in the Prov" Court no Execution shall be 
served untill Eight days after Judgm' given. 

John Roades being Sick, Requested leave of this board to withdraw, 
w"" was granted. 

Severall Bills to be past into Law were Read three times this day 
and passed, And Ordered they should be promulgated, w* were as 
foUoweth, Verbatim : 

The President and freemen in Prov" Councill Mett, at Philadelphia, 
the thirtyeth day of y" first Month, One Thousand six hundred Eighty 
Six, have prepared to be published according to Charter, these follow- 
ing Bills, for the notice and Concurrance of the freemen in Assembly 
to meet the Tenth day of y^ next Third month, in y" Towne of Phila- 
delphia, in the forme and Style of Laws, then and there to be Confirm- 
ed, amended or rejected, as the Genall Assembly shall in their Wis- 
dome See meet : 

1. Be it Enacted by the Authority aforesaid, that these following 
Chapters and paragraphs be additional! Laws of y" said Province & 
Territorys thereunto annexed, that is to say ; all those Laws made at 
Chester by y" Assembly, in y" 10'" Month, 1682, and at Philadelphia 
in y" first Month, 1683, and at y" same place in the 8'" month, 1683, 
and at New Castle in y" 3' month, 1684, and at Philadelphia y"= S"* 
Month, 1685, shall, and arc hereby Continued to Stand and be in full 
force and Vertue untill y" End of the first Session of y^' next Generall 
Assembly, and afterwards untill the Publication of Other Laws to be 
past in the next Genall Assembly, be had, made and done. Except 
such Laws, or part of Laws, as arc by any of y' following Laws Ex- 
plained, Varied or added unto, and that these Bills Ratisfycd by the 
(jenall Assembly, shall (Jontinue in force untill y" publication of 
Laws in the next Generall Assembly following. 

2. Bee it Enacted by y" Authoritye aforesaid, that Every Oftender 
Legally Convicted and fined for the breach of any pcnall Law, shall 
forthwith pay his or their fine or penalty, or give Security Speedily to 
doe it; but in Case it be not paid, or secured to be payd, as above 
sayd, that then y" Court or Justice who Imposed the fine, shall fijrth- 
with, by Warrant directed to y" SherrilTor Constable of j*" respective 
place, cause the same, with (."osts that shall arrise thereupon, to be 



PROVINCIAL COUNCIL. 123 

Lovyed on y* Goods or Cliattclls of y*" party offending, by distress and 
Sale, rendring the overpluss to the party ; but if noe goods Can be 
ibund to satisfyc such Tines, that then the Sheriff or Constable shall 
take and Secure the body of such person til satisfaction be made, and 
y' y* Slicrriff or Constable soe Collecting the said fines, shall make re- 
turne to the next County Court, or such Officer as the Gov''and Prov" 
Cour.cill shall appoint, to y" End such fines may be distributed ac- 
cording to Law. 

3. VVheras y° Law for Deffraying the respective Charge of Each 
County, Authorise y° County Court to Assess in Open Court y° ne- 
cessary Charge of y° same. It is Enacted by y^ Authority afoi'esaid, 
y' the said Courts are hereby further Impowred to Grant their Warr' 
upon non payment for y^ Levying of y^ said Assessments by distress 
and Sale of Goods, rendring y'' overpluss to the Owners. 

4. Wheras al Charters, Gifts, Grants and Conveyances of Land, 
and all Bills, Bonds, & other writings, w''' by y^ 44 Chapter of Laws 
made at Upland, were required to be Registred or Inrolled in y' pub- 
liq Inrollem' Office, according to v'' Manner, & within y'' time there 
prescribed, under y'' penalty of being Voyd in Law, yet notwithstand- 
ing, were not brought to y' Inrollem' Office to be accordingly recorded: 
Now for y" satisfaction of severall purchasers of Lands and Inhabi- 
tants witliin this Province and Territories, who, some of them being 
under a mistake concerning y' Intent of y'' said Law, Others under 
Considerable Inumbrances and a sort of Inconsideratness upon their 
begann Settlement, have neglected and lapsed y^ time, toy' manifest 
hazard & making Voyd such respective Instruments or writings. 

It is hereby Enacted and Declared, by the presidentand Prov" Coun- 
cil!, with y^ freemen, in Assembly Mett, that all such Charters, Gifts, 
Grants, & Conveyances of Land, and all such Bills, Bonds, Spetial- 
ty's tho' they were not Legally Recorded, that they are hereby repu- 
ted, and shall be deemed and Stand authentique in Law, and are In- 
demnified hereby ; provided that all such Charters, Gifts, Grants & 
Conveyances of Land, w* are or shall be, or Come into this Province 
& Territories, shall be brought to be registred in the Respective In- 
rollement Office for this Province & Territories, within six months af- 
ter y'^ five and twentyeth day of y" next Third Month, otherwise such 
Charters, Gifts, Grants & Conveyances of Land to be Voyd in Law, 
any thing in y*" said 44 Chapter of Laws for the making Null such 
writings & Instruments to y" Contrary notwithstanding. 

5. For the a Voyding of to frequent Clamoi's and manifest Incon- 
veniences w""' usually attend mercenary pleadings in Civill Causes, It 
is Enacted by y' authority aforesaid, that noe persons shall plead in 
any Civill Causes of another, in any Court whatsoever within this Pro- 
vince and Territories, before he be Solemnlye attested in open Court, 
that he neither directly nor Indirectly hath in anv wise taken or receiv- 
ed, or will take or receive to his use or benefit, anv reward whatsoever 
for his soe pleading, under y' penaltye of 5lb. if the Contrary be mad& 
appear. 

The President adjourned y'Councill till further Ord'. 



124 MINUTES OF THE 

At a Meeting of v*" Councill at y'' Councill Roomc in Philadelphia 
y^ 3-^ of y' 2" Mo., 1686. 

PRESE^'T : 
THOMAS LLOYD, Presid'. 

.Ino. Symcock, Wm. frampton, Wm. Darvall, 

Wm. Clark, Pcf Alrifchs, Tho. Janney. 

John Cann, Jno. Roades. Wm. Markham, Secre. 

fran: Harrison, 

Ordered that Comissions be dravvnc for such Counties whose Co- 
missions ofj" Peace are expired or upon Expiring. 

Edvvd. Green, one of y" Councill, Complayneth against Wm. Phil- 
lips for not performing his part according to Order of Councill, y" 
28'" 7"^ Mo., 1685, The Councill did this day order that y' Difference 
Depending between Edwd. Green and Wm. Phillips should be heard 
before Peter Alrichs and John Cann, and that they should Report the 
same to the Councill. 

Report being made by y' Members of Bucks County, That Rich'' 
Ridgway is a fitt person for y^ Keeping an Ordinary in y' County, a 
Lycence was Ordered accordingly. 

Ordered y' John Barnes be sent for to appear the next sitting of 
Councill, and give Reasons for his absence, or suffer fine. 

The Presid'. adjourned y' Councill till 9"' Inst'. 



At a Meeting of the Councill in y'' Councill Roomc The Q*" of y^ 
2" Mo., 1696. 

PRESENT : 

WM. CLARK, President, Chosen by y'^ Councill. 

Arth. Cook, Edw** Green, John Cann, 

Wm. frampton, John Barnes, Wm. Markham, Secre. 

Wm. Southcrsby, 

After y^ Members of Councill were Sett, the Comission from y' 
Gov'' Impowring them to Choose one from amongst themselves in y' 
absence of Tho. Lloyd, to be their Presid', was Read, and they unani- 
mously Chose Wm. Clark. 

The Petition of AViddow Hilliard and John Hilliard, Jun', against 
Griffith Jones, was Read, setting forth y' the s' Griff. Jones having 
obtained an Execution ag' y" Estate of John Hilliard, Deceased, would 
not Execute y'^ same on no other part of y" s'' John Hilliard Estates then 
tjie Plantation on w'^'' shee, y" Widdow of y'' s'' Hilliard, and her Chil- 
dren lives on, tho' there be enough in other places to satisfie y" Exe- 
cution of y^ Effect of Deceased's Estates. 

The Councill Considering the same, was pleased to send for y"" 
Shcrriff of Kent County, who was then in Philadelphia, and told him 
their opinions of y^ Matter, w'^was, That if there bo other Effects to 



PROVINCIAL COUNCIL. 125 

gatisfie Grifllth Jones's Execution to be found, that it ought not to be 
served on y'^ Plantation the Widdow and Children now lives on. 

The Petition of Cornelius Bom, Requesting a Lycence for his 
Keeping an Ordinary ; it was Refused. 

The Petition of Jacob Vandervere was Read, setting forth y' 
illegall and un-Christian serving an Execution on his goods, and 
turning him, his wife and Children out of y" Doors, and not Leaveing 
them any thing to susteine nature. Ordered y' a Coppy thereoff bo 
sent to y'' Sherriff, another to y" Clark of New Castle County, Requi- 
ring them to appeare before y^ Councill toanswere the same y" Tenth 
day of y" next Third month. 

The Petition of John Walker v^as Read, Requesting a Lycence to 
Iceej) an Ordinary at New Castle. 

Ordered he first make satisfaction to y" Secretary for the abuse he 
gave at his house at New Castle. 

Ordered that v° Comissions following be forth Drawne and signed 
by y° Now President, Viz': 

f Sam" Land, High Sherrifl' of New Castle County. 
I Rob' Robertson, Coroner of New Castle County, 
for -^ Joshua Barkstead, Atturney Genall for y" County Sussex. 

t I John Vines, Coroner of y*-' County of Sussex. 
(_Jno. Bradshall, Atturney Gen" for Kent County. 

The Petition of John Briggs was Read, Requesting that he might 
lie Dismist from be any longer a Justice. 

Ordered that he be left out of y^ next Comission. 

Adjourned till further Order. 



At a Meeting of the Councill in y" Councill Room In Philadelphia 

y' 14"" of y" 2" Mo. 1686. 

present: 

WM. CLARK, Prcsid', Chosen by y" Councill. 

Jno. Symcock, Edw*^ Green, Wm. Markham, Secrc. 

Arth. Cook, John Cann, 

There was signed at y" board these Comissions following. Viz' : 

Jno. Vines, Coroner of Sussex County. 
Sam" Land, Sherritf of New Castle County. 
Rob' Robertson, Coroner New Castle County. 
Jno. Bradshaw, attorney for Kent County. 
Joshua Barkstead, Atturney for Sussex County. 

Ordered that the Comissions following be forthwith made and 
signed by y° now Presid': 



11^ 



126 MINUTES OF THE 

f Tlio. Usher, High ShcrifT, Chester Countys. 
^ J John Vhios, Sussex. 1 

] John Martin, Kent. I Waterbalys. 

l^Sani" Land, New Castle. J 
The Comissions were signed by Wm. Clark. 
Adjourned till further Order. 



The 28'" of y' 2' Mo., 1686. 

The Secretary having Rec'' a Letter from y' Gov', Directed to y^ 
Presid' and Council!, gave Order to y" Messenger, Thorn. Clifford, to 
give notice to as many Members^ of the Councill as possible, that 
they meet at y* Councill Room in Philadelphia y' 30"" Inst', by tenn 
in y" forenoon. 



The 30'" of y^ 2^ Mo., 1686. 

THERE METT. 

Robert Turner, Edvvd. Green, Wm. Markham, Secre. 

VVm. Frampton, John Barnes, 

The Gov"" Letter was Read to them, w'"" bore Date y' 21, 8 Mo., 
1685. 

The Secretary Related to them the sad Complaint y" passenger had 
made that Came in Conoway from England, bound to this place, but 
ibrced by y'' said Conoway to Bermudas, and from thence Came pas- 
sengers to Philadelphia in a Sloop named y" Endevour, Belonging to 
Bermudas, Dan" Styles Master, and further desired that they would 

advise whether the Shipp now Lying in Appogimany Creek, 

Symson Master, be not lioyable to make good y" Dammages Don to 
y" Inhabitants of this Province by Conoway, they haveing both one 
owner, y" Secretary supposing an Owner is to make Restitution for 
;tll Dammages that shall accrue by y" unlaw actions of y' Master. 

But there not being a sufficient number of Members to make a quo- 
rum, they Choose no Presid', but agreed to meet againe y"-' 3'' day of 
y' 2^ month next, and in y^ meantime they would Consider of it. 

This Evening Came in to Philadelphia Two Members of Councill 
for y" County of Bucks, Viz': Arth. Cook & Tho: Janney ; they 
Desired I would send y" messenger to y' members of Councill nigh at 
hand, to Re([uest they would sitt to morrow in Regard their Buisness 
would not permitt their Stay in towne so long as y" third Inst', the 
time before appoynted, the w'^'' was accordingly don. 



PROVINCIAL COUNCIL. 127 

At a Meeting of the Councill in v' Councill Room in Philadel- 
phia y^ 1" day of y-^ S^" Mo., 1 686. 

present: 
ARTHUR COOK, Preside, Chosen by y' Rest. 
Rob' Turner, Tho. Janncy, Wm. Markham, Secre. 

Wm. frampton, Wm. Southcrsby, 

The Gov'^ Letter, Dated 21, 8 Mo., 168.5, Directed to y= Presid' & 
Councill, was Read. 

Ordered y' it be Read againe y° Tenth Ins'. 

The Secre. Reporting the same to y^ Councill he yesterday did 
to y" Members present, Relating to y'' Passengers that in Rich'^ Cono- 
way Shipp Received Extrcem bad Usage ; whereupon it was Order- 
ed that y' Secretary should summons all such to appeare before the 
Councill that should Come to his knowledg, y' can give any Light 
in y" Matter on y*" tenth Inst'. 

Robt. Turner & Wm. frampton were attested as Justices of v° 
Peace for the Towne and County of Philadelphia, they having had a 
Comission Lately made. 

Oi'dered y' what members of Councill could be gott in or near the 
Townc of Philadelphia on y" 3"^ Inst', should attest those Justices that 
have not been attested since their Last Comissjon, the Sheriff having 
had Orders to give y" Justices notice thereoff. 

Adjourned till further Ord^ 



At a Meeting of the Present Member in or about y^ Towne, ac- 
cording to an ^Order of Councill v" V Ins', This 3" of y" 3^ Mo., 
1686. 

trese^t: 

Robt. Turner, Jno. Barnes, Edwd. Green. 

Wm. frampton, 

They Chose no President, but they were attested before them ac- 
cording to y" Order afore said, James Claypoole, Wm. Wardner, 
Wm. Sallaway & John Goodson, «Si then they broak up. 



At a Meeting of the Councill the Tenth of y' Third Month, 1686, 
in y*" Councill Room at Philadelphia. 

PRESENT : 

THOMAS LLOYD, Presid'. 

John Barnes, Nich. Newlin, Luke Watson, 

Robt. Turner, John Symcock, Jno. Roades, 

Tho. Janney, Wm. Southersby, Wm. Clark, 

Arth. Cook, Wm. Frampton," Wm. Markham, Secre. 

fran Harrison, 



128 MINUTES OF THE 

Credible Information being given to this board that Luke Watson, 
one of v° Members thereoff, Lay under suspition of being Carnally 
Concerned with a Woman Scrv' to his Brother in Law, and Likewise 
y' he stood at this Present, Bound to the Peace for his misdemeanors, 
they board Ordered him to withdraw, that they might Consult about 
v' Information; after a Deliberate Consultation, The board ordered 
Luke Watson to be Called, and told him y' he was accused of having 
Carnall Knowledge of his Brother in Law's woman Servant, and furth- 
er, y' he then stood bound to y*^ peace for Misdemeanors, and therefore, 
untill he appeared in Law Innocent of those great Offence he was ac- 
cused off, they Could not admitt him to Sitt amongst them, upon w'" 
he went forth. 

Henry Lewis Request the Council 1 that they would be pleased to 
appoynt one in his Roome in y' Office of Coroner for y" County of 
Philadelphia. 

Ordered an other person be speedyly Comissionated in his stead. 

Adjourned Till 4 in y' Afternoon. 

POST MERIDIAM. 

THOMAS LLOYD, Presid'. 

Rob' Turner, Tho. Janney, John Roades, 

Wm. Clark, Arth. Cook, Wm. Southersby, 

Wm. frampton, Nieli. Newlin, John Symcock, 

Wm. Darvall, Pef Alrichs, fra. Harrison, 

John Barnes, Phi : Pemberton, Wm. Markham, Secre. 

John Otter and Norton Claypoole, Members of y^ Assembly, Came 
with a Message from them to acquaint y'^ Councill that if they were 
at Leasure the Assembly would Come and wayt on them. 

The Councill answered that it is now late, it being past Six, but 
by seavcn to-morrow morning a Comittee would sitt to Receive from 
the Assembly, or any of them, their proposalls for y*" amendment or 
alteration of y' promulgated bills according to Charter. 

A Comittee was Chosen, Viz': 
Wm. Clark, Arth. ( ook, Tho. Janney, 

Wm. Darvall, Wm. frampton, John Symcock. 

Adjourned till 9 to-morrow forenoon. 



The 1 1"- of the S'' month, 1686. 
The Comittee Satt Early this !\Iorning. 
present: 
Wm. Clark, Wm. Darvall, Tho : .lanney, 

Wm. frampton, Jno. Symcock, Wm. Markham, Secre. 

Arth. Cook, 

Wm. Clark Avas Chosen into y° Chear by y° Rest. 



PROVINCIAL COUNCIL. 129 

[Vid 9'" 2'' Mo., 86, John White..^^] 

Wm Yardley and Wm. Biles Came to y° Comittee from y° Assem- 
bly, tould them their ]\Icssage was the Councill had sent a Warr' to 
one ot' their member, and they questioned the Councill's power ther- 
in, to w"*" y^ Comittee made no Reply, nor they insisted further on it, 
but told y' Comittee that their Chief buisness was that whereas the 
Assembly Yesterday had sent to y'' Councill to Informe them y* it 
were there Desire to speak with them, y" Councill sent answer that 
they would appoint a Comittee to Receive from them their proposalls, 
but the Assembly did not think a Comittee was sufficient to Receive 
them, and y' they wanted y" promulgated bills. The Comittee 
made answer they would Informe y" Councill of their message, and 
then break up. 



At a Meeting of the Councill the 11'" of y' S"" month, 1686, In the 
Councill Roome. 

PRESENT : 

THOMAS LLOYD, Presid*. 

Rob' Turner, John Symcock, Wm. Clark, 

Tho : Janney, Wm. frampton, Wm. Southersby, 

Ph : Pemberton, Wm. Darvall, John Cann, 

Arth. Cook, Jno. Barnes, Pef Alrichs, 

fran. Harrison, Jno. Roades, Wm. Markham, Secre. 

Wm. Clark Reported to y*" Councill y" Message from the Assembly 
to y* Comittee. 

The Councill Ordered John Symcock and Wm. frampton to goe 
with y' promulgated bills to y^ Assembly. 

Wm. frampton having urgent business, had Leave for this day's 
absence. 

A Member of Councill moving that Luke Watson desired to know 
whether he was Dismissed from giving any further attendance for 
this Session, y*" Councill Debated y" matter againe, and Concluded 
that this following written should be read unto him; he being Called 
in, and advised by y" Presid' of y" Councill's Result in their Debate 
about his misdemeanors. 

The Secretary Read what was Concluded on, as followeth. Viz': 

Wheras, Information being given this board that henry Smith 
of y^ County of Sussex, hath attested that he did goe in fear of his 
life of Luke Vv'^atson, one of y'' members thereof?, and it not appear- 
ing to this board that he is Legally Discharged from y^ same, The 
Councill Doth therefore think fitt that y^ said Luke Watson doe for- 
bear to give his attendance at this board untill further Order. 

James Claypoole & John Blunston Came from the Assembly; 
their Message was that it being y" first time they have desired a 
Confc^rence with y^ Councill, therfore they desired y'' Councill would 
appoint a time for it. 



130 MINUTES OF THE 

The Councill Answered that if the Assembly would adjourne a 
little they would adjourne to the i)lace they Satt in, (meeting house,) 
this being not Large enough to Receive so great a number. 

John Songhurst & John Goodson was sent from y^ Assembly ; 
their Message was to Lett y' Councill know y^ Assembly Received 
the Councill's answer to their last Message kindly, and Desired their 
meeting together might be an hour hence, that they might have that 
time to Reffresh themselves, most of them having been there Ever 
since six in y" Morning. 

The Councill Answered it were better to be don Immediately, for if 
they Sepperated it would be a Longer time before they gott together 
againe. 

The Councill adjourned from this Place to y'' Meeting house, in 
Order to Receive the proposalls of y' Assembly, and for the service 
of this board. 



In the Meeting house, the same Day as before. 
present: 
THOMAS LLOYD, Presid'. 

Wm. Clark, Wm. Southerby, Pef Alrichs, 

Wm. Darvall, Phi. Pemberton, Jno. Roades, 

Tho. Janney, Jno. Symcock, Wm. frampton, 

Jno. Barnes, John Cann, Nich. Newlin, 

Robt. Turner, fran. Harrison, Wm. Markham, Secre. 
Arth. Cook, 

The Assembly were Desired to Come in ; there was a Long De- 
bate between y' Councill and them about privileges, but nothing Con- 
cluded off; y' Presid' ordered y' Secretary to Read 13 parragraph of 
y" Gov" Charter to y' People. 

Adjourned till to morrow morning, or further Order. 



POST MERIDIAM. 

At the Comittee. 
present: 
Wm. Clark, Arth. Cook, Wm. Darvall, 

Jno. Symcock, Wm. frampton, Thn. Janney. 

James Claypoole, Norton Claypoole, Wm. Byles, John Blunston 
Abra. Mann and John Brinkloe, being one Member of Assembly of 
Each County, were sent from y° Assembly to Request y" alteration of 
y'' Style of y^ Bills, (from y" Presid' &c.) The Comittee answer- 
ed that they did believe y" Councill would Condisent to their Re- 
quest. The Comitte Rose. 



PROVINCIAL COUNCIL. 131 

At a Meeting of the Coiincill in y" Couucill Roome in Philadelphia 
y' 12"" day of y" 3" Mo., 1680. 



THOMAS LLOYD, Presid'. 

Wm. Clark, John Cann, Robt. Turner, 

Jno. Barnes, Arth. Cook, Wm. Darvall, 

Wm. Sonthersby, John Symcock, Wm. frampton, 

Nich. Newlin, Phi. Pemberton, Wm. Markham, Secre. 

fran. Harrison, Tho. Janney, 

Wm. Clark Reported to y^ Councill y* Message from y' Assem- 
bly to y' Comittee, Requesting y" Alteration of y^ Stile of y'= bills, to 
w"'' y" Councill agreed. 

The Petition of y" french men sent over by Ballases was Read, 

Complayning ag' Bellases agents for not performing y" Contract be- 
tween Bellases' & y" frenchmen ; it was Ordered y' Arth. Cook, John 
Symcock, Robt. Turner, Wm. frampton, should Examine and Re- 
dress the same with all Expedition. 

Adjourned till y" 5"^ hour in y*" afternoon. By y'' Presid'' Order. 

POST MERIDIAM. 
The Committee. 

PRESENT : 

Wm. Clark, Arth. Cook, Tho. Janney, 

Wm. frampton, John Symcock, Wm. Markham, Secre. 

Wm. Darvall, 

A Message from y'' Assembly came by two persons out of Each 
County, John White One, Requesting y'^ alteration of y^ first bill, to w'^'' 
they gave a note not signed by any, w''*' followeth Verbatim, Viz': 

The Assembly desires these three amendments in y*" bill No. 1'' 
Viz: after v" word Except these words be added: (Such Laws as 
liave been by former Law Repealed, and y' such Laws shall be con- 
tinued with y^ Variation, as by succeeding Laws have been Varied. 
2dly. (hat the late I^aws relating to y^ Killing Cow Calves, &c., and 
v'' Law Relatcing to pipe Staves, be no longer Continued. 3dly. 
The Laws to Continue till Twenty Days after y" rising of y'' next 
Gen" Assembly, & no Longer.) 

To w'''y^ Comittee answer'd they would Report y^same to y'^Coun- 
'^ill, and y' they might Expect their answer. 

The Comittee Roase and y'' Councill Sat. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Wm. Clark, Wm. Southersby, Jno. Symcock, 

Wm. frampton, Rob' Turner, Jno. Cann, 

Wm. Darvall, Tho. Janney, Wm. Markham, Score. 

Ph. Pemberton, Arth. Cook, 



132 MINUTES OF THE 

s 

Wm. Clark Reports to y' Councill y" Message of y*" Assembly, 
Relating to y" alteration of y^ first bill; y' Paper they gave was Read, 
vid: this day's minutes of y' Comittee. 

[Vid 9'" 2" Mo., 86.] 

John White Presented himselfe to y^ Councill, told them he was 
now Ready to answer the Summons they were pleased to send him. 

The Councill answer'd they took it Kindly of him, but they would 
heare it some Convenientcr time, and not hinder y"" buisness they were 
now about. 

Luke Watson Desired of y*" board they would lett him know his 
accuser, to w""" they making no answer, he Requested y' Henry Bow- 
man might be Called to Declare before y" board what he knew of his 
not being bound to peace, who was Called and Declared as fol- 
lowctli, Viz' : That Luke Watson's Brother-in-Law (one Smith) told 
him y' the Difference between him & Luke Watson was Ended, & 
that they were now friends, & that there would be nothing more don 
in that buisness. 

Adjourned till Eight To-morrow morning by y*" Presid'' Order. 



At a Meeting of the Councill in y" Councill Roome in Philadel- 
phia y^ 13 of y^ 3^ Mo., 1686. 

present: 
THOMAS LLOYD, Presid'. 

Wm. Clark, Rob' Turner, John Symcock, 

Wm. frampton, Tho. Janney, John Cann, 

Wm. Darvall, Jno. Roades, Pet" Alrichs, 

Phin. Pemberton, Jno. Barnes, fran. Harrison, 

Wm. Southersby, Arth. Cook, Wm. M arkham, Secre. 

The Request of Jno. Smith and Henry Painter, Inhabitants of 
Southampton Township, was Read, Requesting this board to heare 
their Complaint ag' y" Indians who had Killed scverall of their 
Swine. 

The Councill Called them in, and Ordered them to give their Com- 
plaint in Writing to y" Secretary, & mention y*" names of y" Indians 
y' they knew, or did Imagine did y" fact, and then y'^ Councill would 
take all possible Care to Redress them by Law ; and further. Ordered 
y' y'' Respective Kings might be sent to by some proper Messenger to 
make satisfaction. 

The Request of y" freemen of y" County of New Castle was Read, 
Requesting a Fare to be kept in y' Towne twice a year. 

The Assembly came to y" Councill and presented in writing some 
alteration to be made in y" bill No. 1 , w''"' were y*" same as offered y*" 
Comittee y' 12'" Ins'. 

Adjourned till six to-morrow morning, or Sooner, if occasion, by 
y' Presid" Order. 



PROVINCIAL COUNCIL. 133 

The Comittee in y^ Evening. 

PRESEXT : 

Arth. Cook, Rob' Turner, Wm. Markham, Secro. 

Jno. Symcock, Wm. frampton, 

four Persons, Viz': Wm. Byles, Jn" Goodson, Geo: Maris, & 
Tho : *, were sent Irom y^ Assembly w ith a Message in Wri- 
ting about the Removall of Patrick Robinson fro)n his places, w' 
followeth. Verb. 

'ihe Assembly dos Request y*" Presid' and Prov" Councill would be 
pleased to give their Reasons why y' Request of y" Late Assembly 
Concerning y'' Removall of Patrick Robinson from all publick Offices 
of Trust, was not according to promise, answered. 

The Comittee Rose, telling them they would present it to y' Coun- 
cill. 



At a Meeting of the Councill in y^ Councill Roome at Philadelphia 

ye 14th3<lMo. 1686. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Arth. Cook, Wm. frampton, Jno. Roades, 

Wm. Clark, fran. Harrison, Pef Alrichs, 

Wm. Darvall, Jno. Cann, Phin. Pembcrton, 

Jno. Barnes, Tho. Janney, Wm. Southersby, 

Jno. Symcock, Nich. Newlin, Wm. Markham, Secrc. 

Robt. Turner, 

The Comittee y' Satt yesterday in y'' Evening, Reported to y" 
Councill the Message from y" Assembly, w"*" was in writing and 
Read, about Patrick Robinson. The Councill Declared it was not 
Proper nor Seasonable to be answered, nor was it signed by any of 
y" Assembly. 

John Cann, a member of Councill, had Leave to goe about his ur- 
„ vnt occasions untill y*" Eighteenth Insf, 10 in y^ forenoon. 

Ordered a Lycence be made for Tho: Hallyman to keep Ordinary 
in Philadelphia. 

Ordered a Lycence be made for Wm. Hambleton to keep Ordina- 
ry in New Castle. 

Ordered a Lycence be made for John Roades to keep ordinary in 
Sussex County. 

Ordered y' a Paper be drawn and published for y' better Regulating 
y' affair and Keeping y*" peace. 

*By reference to the Votes of Assembly Vol. 1'' page 38, it ap- 
pears that the name omitted is that of Tho : Ducket. 

12 



% 



134 I\IINUTES OF THE 

The Request of some of the Justices of Chester County against y' 
Clark of y' Court was Read. 

TheCouncill was pleased to answer that in Regard they had not 
given any Pcrticular Charge against him, they Could not answer 
their Request. 

Adjourned till y^ IT"" Ins', 10 in y" forenoon. 



At a Meeting of the Councill in the Councill Room in Philadelphia 
y'^lT"' ofy^ 3" Mo., 1686. 

PEESEXT : 

THOMAS LLOYD, Presid'. 

John Symcock, Wm. Southersby, Arth. Cook, 

Tho. Janney, Nich. Newlin. Edwd. Green, 

fran. Harrison, John Roades, Wm. frampton, 

Jno. Barnes, Phi : Pemberton, Wm. Markham, Secry. 

Robt. Turner, 

Ordered y' a Pcrticular Comission be drawn forthwith, to Consti- 
tute Chr: Taylor Justice of y'' Peace for y" Toune &, County of 
Philadelphia. 

James Atkinson's Complaint against Henry Stretcher and Charles 
Haines was Read, setting forth there abuse to him in his Doeing his 
office. Viz : gcthering y" Proprief" quitt rents. 

Henry Stretcher being a member of Assembly, and now Sitting, y'' 
Councill ordered y" Complaint should be sent to them to peruse. 

Adjourned till Six to morrow Morning. 



The Comittee Satt before y'= Councill in y' Councill Room the 18'" 
3^ Mo., 1G86. 

rKESE>'T : 

Wm. Clark, Wm. Darvall, Nich. Newlin, 

Arth. Cook, Jno. Barnes, fran. Harrison, 

Tho. Janney, Robt. Turner, Wm. Markham, Seci'c. 

Wm. Byles and Cornelius Empson Came w"' a. Message from y" 
Assembly, w* was to Request a Conferrance between y" Councill & 
Assembly about y" amendm'' of y^ first bill; y*" Comittee answered y' 
they would informe y° Councill thereof!', but supposed they would 
not admitt of any Dispute, in Regarde it was y" last day in w''' they 
were Either to accept or Reject them. 



Hi '"*» 



PROVINCIAL COUNCIL. 135 

At a Meeting of v' Councill in v' Councill Room In Philadelphia 
y'lS'" of y^ 3" Mo.,'l6S6. 

PRESENT : 

THOMAS LLOYD, Presid'. 

John Symcock, ^^ m. Darvall, Tho : Janney, 

Wm. Clark, Rob" Turner, John Barnes, 

Arth. Cook, Iran. Harison, Nich. Newlin, 

Jno. Roades, Phi: Pemberton, Wm. Southersby, 

Pet' Alrichs, Wm. frampton, Wm. Markham, Secre. 

The Comittee Reports to y^ Councill y' Message they Received this 
morning from y° Assembly. 

AVherupon y' Councill debated upon y* method of Reading y" bills 
in order to secure and prevent y° overthrow of y" Laws of this Pro- 
vince, w'''' in Case more then one bill had been Read and y' of Con- 
tinuance had been Rejected, would Inevitably have followed. 

The Councill seriously weighing & Considering y"" great trust 
wherewith they are in Vested, & unto w'^'' they are Solemly obliged 
by y" Express provisoes of y'^ Great ('barter of this Province &: Ter- 
ritories, by y^ Act of Settlement, and by y" Gov"^ and Prop""^ Comis- 
sion, granted unto them under y' Great Seale whereby they are Im- 
powred, more Especially as to y' Executive Capacity in Relation td 
y" Justice, Peace and Security of our present Constitution, and y' no- 
thing be Continuanced nor allowed of that may Interferr, Hazard, or 
seem to Introduce a Subvertion of this frame of GovernnV ; and 
upon y*" Debate in Councill Concerning y^ Reading y^ proposed bills 
to y'^ Assemb.y, it was by y^ President putt to y'' Memb" of y'' board, 
pcrticularly whether if y" first bill being a bill of Continuation of 
y" former Laws, & an Expressive of y'' Duration of such bills which 
are to pass into Laws this Gena" Assembly, whether if y*" said bill 
should not pass in y" AssembU, any more bills should be Read by 
y° Clark of y° Councill unto them, &, so y^ Assembly, by Refusing 
y" first & passing two or more other bills, The Inhabitants of this 
Province should be Stript & Left Destitute of such Laws of whose 
service they have had good Experience, By y" uncertain compensa- 
tion of suc^h Cow ones wose use wee are upon Tryall otT, & w'''' Can- 
not be supposed of y' Extent to Supply y" Loss of such w'^'^will Inevi- 
tably be Discontinued therby. 

The Councill Unanimously & Successively gave their Thoughts 
and Expressed themselves that upon refusall of y'^ Assembly's pass- 
uig of y" bill for y" Continuance of former Laws, that it would not 
be only advisable bat Requisite for this juncture & Present time, 
That y° Prov" Clark forbear Reading of y^ Promulgated bills in ord 
to propose them to their assent or Dissent. The Preservation of ye 
(jovernin' in y*" forme wherein it is at present, being more Expressly 
our Respective Duties, then Exposing y*" same by Dubious and Inse- 
cure methods to unavoydable mischeiff. 

Wm. Byles & Cornelius Empson Came to acquaint y" Councill 
y' y° Assembly v,ere Ready to wayte on them iu ord' to finish y'' Le. 
gislation, it being y^ Last day. 



136 MINUTES OF THE 

The Councill ansvver'd they were ready, and y' Assembly might 
Come when fhcy please. 

The Assembly Came to y' Councill with their Speaker, who in 
y' bchalfe of himsclfe and Assembly, Desired y^ amendments of y" first 
bill as they had before given in in writing, to w'* the Council not Con- 
.scnting, there arose a Long Debate about y" Privileges of y'' Assem- 
bly, w'" not being granted by y'' Councill, and y' no president should 
be' Left upon Record whereby to prejudice y" Privileges of y' Assem- 
bly, The Genall Assembly did Unanimously agree that all things 
Piclating to y'' premises should Remaine in y*" same State and Condi- 
tion as they are at this present time, untill y" Gov"' shall arrive and 
y' Contraversie determined before him. AVhcrupon y'' Assembly 
Took Leave of y'^ Council and Departed. 

The Councill Considering y' Debate they had with y* Assembly, 
did unanimously agree and Ordered that this following Concurrance 
should be Entred, (Viz :) 

Upon a Conferance had at this board with y" Assembly, more Es- 
pecially upon some amendments and alteration of them offered to 
y'' first bill for Continuance of former Laws, y' Councill Expressly 
understanding from some of their Cheifest members that they would 
not pass y" said bill Unless w"' such Exceptions and amendments, 
w"'' if granted, would in our judgments be Insecure & Inconsistent 
with y" allowed methods in such a Case, and y' present frame of Go- 
vernm', and lead to y" Introducing an unsafe and hetherto unpractised 
way in proceedure upon Repealcs, as first proposing y'^same in this 
time of y'' Gena" Assembly, and so Lapsing or neglecting the pre- 
vious Notice of y^ Legislative Councill. 

Upon y'^ Serious Consideration of y" Premises, it was Domed Ex- 
pedient by y'^Geneall Assembly that y" Reading of the promulgated 
l)ills should be Waved for this present Session, Least a misunderstand- 
ing, or a greater Inconvenience might thereupon Ensue. 

Adjourned till y" Aflernoone. 

POST MERIDIEiM. 

PRESENT : 

THOMAS LLOYD, Prcsid'. 

Arth. Cook, .John Roades, Robt. Turner, 

Wm. frampton, Wm. Southersby; Phin. Pemberton, 

Wm. Clark, JohnSymcock, fran. Harrison, 

Pcf Alrichs, Wm. Darvall, Wm. Markham, Secre. 

Jno. Barnes, Nich. Newlin, 

Upon y" Petition of James Sanderling for a Lycence to Keep an 
Ordinary, it was granted him. 

A Petition Relating to highways was Read, upon w"^ the Councill 
agreed y' there should be a Sett time appoynted for y'' Councill to In- 
spect all v' Business relating to y^ Highways, and to Order y' y' 
Roads be Laid out in y^ most proper and Convenient Places within 
this Province. 

A Petition being presented against y'^ abuses of y' Skoolkill ferry. 



Rochford's Serv'. 



PROVINCIAL COUNCIL. 137 

it was Refferred to y' Councill at their sitting for y' Laying out of 
Roades. 

The Petition of Denis Rochford against John 
^ Hichman's selling his servant. 

The Councill understanding that John Hickman is in Custody & 
under process in order to his Coming to a Tryall at Law, it is Reffer- 
red to y" County Court, before whom it is to be Tryed. 

The Assembly being discharge, Henry Stretcher, y' was a mem- 
ber thereolT, was sent for before this board, to answer the Complaint 
of James Atkinson: the Offence being proved against him to be very 
gross and notoriously 111, it was ordered y' it be Refferred to y^ Jus- 
tices of Sussex County, where y" Livcth, that in Casse he give not an 
acknowledgnV of his great abuse before he goes downe to this board, 
v° Justices aforesaid are to take sureties of him for his good behaviour. 

Ordered that John Barnes, for this afternoon's absence and his for- 
mer absence, j)ay to y^ Doore Keeper Six Shillings. 

Adjourned till further Ord'. 



At a Meeting of the Council! in the Councill Roome y° 5* of the 
5'" Mo. 1686. ^ 

PRESENT : 

ARTHUR COOKE, Presid', Chosen by y^ Rest of y^ Members. 
John Symcock, Tho: Janney, Phin. Pemberton, 

Wm. frampton, Wm. Southersby, Wm. Markham, Secre. 

Robt. Turner, 

The Petition of Israeli Taylor was Read, Requesting he might be 
admitted to administer on his father's Estate. 

The Council! answered they would admitt of no administration 
f^'ontrary to y" Intent of y° will, w'^ they Judged valid. 

Ordered that Robt. Turner, Wm. frampton & Wm. Southersby, 
take y'^ Charge of y" Office of Register Gen", in as ful! ?nd ample a 
manner as Cliristop. Taylor had in his lile time, and y^ Laws of this 
(Tiovernm', and y' they be accoumptable unto this board from time to 
time, as they shall be Called thereunto, for y^ proffits that shall or 
may arrise, and y' a Comission be drawn accordingly, Impowring 
any one of them as Sufficient to Execute y'' said office. 

The Petition of James Claypoolc was Read, Requesting the {)lace 
of Register Gen" might be Conferred on him. 

The Councill answered They thought it not fitt to settle it on any- 
one person, but Leave it to y*^ Gov"^ Disposall. 

Tlie Petition of Joshua Carpenter was Read, Requesting a Lycence 
to Keep an Ordinary in his Brother Sam" Carpenter's house, on y' 
Wharfe. Ordered a Lycence for three months. 

Ordered that Nath" Sykes have a Lycence to Keep an Ordinary 
hi Philadelphia. 

12* 



138 MINUTES OF THE 

John Symcock Requested a Lyceiice for Walter forcett to Keep 
ail ordinai-y in y' County of Chester, w'*" was granted. 
Adjourned till Six to-morrow in y^ morning. 



At a Meeting of the Councill in the Councill Rooaie at Philadel- 
phia y" 6'*" of y-^ S'" Mo., 1686. 

PRESENT : 

ARTHUR COOK, Prcsid', Chosen, &c. 

John Symcock, Tho. Janney, Wm. Southersby, 

Rob' Turner, Nich. Ncwlin, Wm. Markham, Secrc. 

Phi. Pemberton, Wm. frampton. 

The Comission Impowring Rob' Turner, Wm. frampton & Wm. 
Southersby to manage y" Register Gen" Office of this Province and 
Territories, new Castle only Excepted, was this day Signed. 

Joseph Vaughan & Jno. Saxby, Serv'^to Chris. Taylor, Deceased, 
were sent for to Come before y" Councill ; they produced their In- 
dentures. 

Joseph Vaughan was bound to Edn/ Paine, march' of London, 
y' 9"' of Aprill, 1684, to serve 4 years ailcr his arrivall in Maryland. 
There was Endorsed on y" Indenture ; wee Cast anchor at New 
Castle in Pinsilvania, Aug' y^ 6'", 1684. 

John Saxby putt himselfe an apprentice to Chris. Taylor, y" 26"' of 
y-" Eleventh month, 1685, to serve six years. 

The Councill takeing into Consideration Methods for y" Secureing 
y" Estate of Chris. Taylor, Deceased, according to y' true Intent & 
meaning of his Will, of w"'' y'' Cover' and Ralph frettwell were Execut", 
Thought fitt in their absence to appoynt John Goodson, Tho. Hooton 
and Tho. ffitchwater, or any two of them, to administer upon y*" Estate 
of y" aforesaid Chris. Taylor, Deceased, and to Act and Doe all 
things therein as an administrator by Law hath power to doe, and 
to bo accountable unto us, or y'' Executors, for the same. 

Ordered y' a Comission of y'^ Peace be forthwith Drawn for Kent 
County. 

Ordered a Comission be forthwith Drawn to Impowr Abrah. 
Whorly, high Sheriff of Bucks County. 

Ord' y' a new Comission be Drawn for George xMartin to be High 
SheritT of Kent County, to Continue untiil further Order, his old 
Connission being out of Date. 

Adjourned till 5 in y' aflernoonc. 

POST MERIDIAM. 
present: 
ARTHUR COOK, Prcsid', Chosen. 

Rob' Turner, Nich. Newlin, Wm. Southersby, 

Wm. frampton, Phi. Pemberton, Wm. Markham, Secre. 



PROVINCIAL COUNCIL. 139 

The Comissions for y" County Court of Kent, fur y' High SherrifT 
of y" same, & for high Sheriff of Bucks County, were signed. 

Report being made to this board by Rob' Turner, a member thereoff, 
that franc. Carnewell, one of y" Magistrates for y" County of Sussex, 
to be a person of 111 fame, The Councill thereupon Ordered that a 
Warrant be made and sent to y*^ County Court of Sussex, to suspend 
y° said francis Carnwell untill he appear at y*" Councill table & Cleare 
himselfe of what is Laid to his Charge, w'" shall be at y" Councill 
board Delivered him. 

Ordered a Comission be forthwith drawn for Tho. Streton to be 
Coroner for Kent County. 

Adjourned till further Ord''. 



Att a Meeting of the Councill in y" Councill Room The 7"" of y' 
5"- Mo., 16S6. 



ARTHUR COOK, Presid', Chosen. 

Rob' Turner, Phin. Pemberton, Wni. Markham, Secre. 

Wm. frampton, Wm. Southersby, 

John Goodson and Tho. Hooton Refusing to take upon them the 
Charge of y'' administration on y® Estate of Chris. Taylor, according 
to y'' minute of Councill Yesterday, The Councill thought fitt to Order 
that y^ Comiss"^ of y'' Registry take Care of y" Estate aforesaid, and 
of the Children of Chr: Taylor, in the behalfe of y' Executors, & to 
be accountable to them. 



Adjourned till further Ord'. 



At a Meeting of the Councill in y' Councill Roome In Philadel- 
phia y*^ 2' of y" 6'" Mo., 1686. 

present: 
THOMAS LLOYD, Presid'. 

Jno. Symcock. Wm. Southersby, Wm. Markham, Secrc. 

Wm. frampton, 

The Presid' proposing the Expedicntcy of Recomending some Ca- 
pable persons to Sitt Judges in y^ next Prov" Court, w'^'' are to sitt y' 
24"' of y'= 7"" month, at Philadelphia, y"^ Presid' and Present members 
of Councill thought fitt to Recomand Tho. Hulnics, James Harrison 
and James Claypoole, to y" approbation of y" next Complcat Councill, 
for y*^ Comissionating of them or others that they shall think fitt. 



140 MINUTES OF THE 

Wheras, a Complaint has been made to this board of violence Don 
by some Indians on Nich. Skull and his family, and forcibly Entring 
his house & Carrying away his goods; and further Information 
Given y' y' s'' Niclf. Skull hath, Contrary to his Duty and Peace of 
this Province, sould and trucked to and w"' y' Indians severall quanti- 
ties of Liquors, w"'' by Law was Prohibited the selling to them, where- 
by they were much Disordered, to y' notorious Disturbance of the 
neighboring Settlements. 

The Presid' and Present Members of Councill thought fit to Order 
that Capt. Tho. Holmes, with y" assistance of Capt. Lace Cock, Zach. 
"Whitpaine, and such others as Capt. Thomas Holmes shall approuve 
off, forthwith to make Diligent Enquirie into y" truth hei'eoff, and if it 
Credibly appears that such Indians were Guilty as Reported, They be 
Required to make Speedy satisfaction. Wee Referring y^ mannor 
and methods of treating y'^ Indians Concerned w* y^ people they 
belong to, to y^ Conduct andDiscression of y^ s"* Capt. Holme, w'''' y' 
Concurrance and approbation of the nominated persons, and in Reffer- 
ance to y* s"* Nich". Skull, if upon y" Examination of his behaviour 
and Deportment towards those Indians, it shall appear y' he hath acted 
Contrary to Law in selling them prohibited Liquors, that Speedy 
Course be taken to proceed against him accordingly, that he might 
be an Exemplary Terrour to Such ,who shall offend in y^ like nature. 

Adjourned till farther Order. 



At a meeting of the Councill in the Councill Roomeat Philadelphia 
the 5"- of y^ 6'" Mo., 1G86. 

PRESENT : 

THOMAS LLOYD, Presid'. 

John Symcock, \Vm. Clark, Wm. Southersby, 

Wm. frampton, John Barnes, Wm. Markham, Secre. 

Wm. Clark, a member of this board, informing the Councill y' y' 
Justice's Comission fory* County of Sussex Expired y' 15"" Ins'. 

Ordered that one be fortwith Drawne to Comissionate Wm. Clark, 
Jno. Roads, Tho. Langhorne, Tho. Price, Rob' Clifton, Sam" Gray 
& George Young, & j° Comission to Stand in force untill further 
Order. 

David Lloyd Presented his Comission given him by y^ Gov', bear- 
ing date y'' 24 of y' 2'' Mo. Ap", 168G, Constituting him atturney 
Gen" for this Province and Territorys, To w"'' he was attested, De- 
claring his allegiance to y' King, fidelity to the Gov' <Si Governm',and 
faithfull performance of his Office. 

Adjourned till further Order. 



PROVINCIAL COUNCIL. 141 

« 

POST MERIDIEM. 
present: 
THOMAS LLOYD, Presid'. 

John Symcock, Edw'' Green, Wm. Markham, Sccre. 

Wm Clark, Wm. Southersby, 

A Letter from y" Gov' to the Councill, dated y= 24"" of y' 2'' Mo., 
1686, was Read. 

John White Informes this board that y" Marylanders have Lately 
Reinforced their fort at Christina, and y' they would not suffer him to 
Cutt hay, but thrittend those he Imployed to doe it w"' their gunns 
presented against them, andy' what hay they had Cutt y'' Mary Landers 
would not suffer them to Carry it away, and if they did Cutt any 
more y" Marylanders sayd they would throw it in to y" River. 

And further Informs y' Maj'' English a few Days past came in to 
y" County of New Castle with about fourty ai-med horse men; Left 
them at John Darby's whilst Maj"^ Inglish and a Marry Land Cap' 
Came to New Castle, where John White meeting him, made Com- 
plaint to him of the abuses don him by y"^ Mary Landers at y' fort. 
Maj"" English, tould him that if Thou wilt say you Drunken Dogg, 
ned Inglish lett me Cutt hay, I will give you Leave: Wherupon y' s'' 
John White Requested -y" Councill's advice how he should behave 
himselfe in this afltiirc. The Councill advised him to use no Vio- 
lence, but bear with patience, not Doubting but y" King will soon put 
an End to all their hostile actions against his CoUony. 

The Petition of John IMoon was this day Read, setting forth his 
Illegall tryall and Execution served on him for a fine for getting his 
maide with Child, Requesting the board would Order y' his goods 
Seised on by virtue of the foresaid Execution might be Restored him 
againe, to w"*" y" Councill gave no answer. 

The Present Members of Councill added Three more to y^ former 
Three Recomended on y" minute of y*" 2'' Inst', the w'*" three Last are 
John Cann, Wm. Clark and Arth. Cook, to the approbation of a 
Compleat Councill to Elect Three for Judges. 

Adjourned till further Order. 



At a Meeting of the Councill in the Councill Roome v* 7'" of 
y= 6'" month, 1686. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Wm. frampton, Edw"^ Green, Wm. Markham, Secre. 

Wm. Clark, Jno. Barnes, 

The Petition of Benj. Chambers was Read, setting forth y' at last 
County Court held at Philadelphia, Judgm' was obteined by Doct' 
Moore against y' free Society of Traders of this Province, & y' an 
appeale was granted unto y'" s"* Society to y° next Prov'' Court, w'^ 



142 MINUTES OF THE 

appealc Could not be then taken out for want of Sufficient Security 
according to Law. 

Therefore y^ s"^ Benj. Chambers Requested the Presid' & Prov" 
Councill y' they would accept of such LawfuU and able Security as 
Sliall be present for y' same. 

The Presid' and Councill admitted y'' same, and accepted of Bonj. 
Chambers and Griff. Jones, both of Philadelphia, Joyntly and Se- 
verally binding themselves in the penall summe of four hundred and 
six pounds for prosecuting the said appeal, and to answer Costs and 
Damages according to Law. 

Adjourned till y^ Second of y' next Month, unless urgent Occasion. 



At a Meeting of the Councill in the Councill Roome at Philadelphia 
the Third of y" Seventh month, 1686. 

present: 
JOHN SYMCOCK, Presid', Chosen by The Rest. 
Arth. Cook, Wm. Southersby, fran. Harrison, 

Wm. frampton, Phin. Pemberton, Wm. Markham, Secre. 

The Petition of Henry Jones was Read, setting forth y' badness of 
the way from Moyamensin to Philadelphia. It was Referred to 
y^ County Court, who it's presumed has power to appoynt Roads to 
Landing places, to Court, & to Markett. 

The Petition of James Claypoole, Jno. Goodson & Humph. Murry 
was Read, Complayning against y" Clark of y" County Court of 
Philadelphia, Requesting he might be Dismissed of his Imploym' and, 
y' David Lloyd might be placed therin. The answer was it shall be 
further Considered off. 

The Councill adjourned to Robert Turner's house, he being Sick. 

AT ROB'T. TURNER'S HOUSE. 

PRESENT : 

FRANCIS HARRISON, Presid', Chosen by y^ Rest. 
Arth. Cook, Wm. frampton, Phin. Pembert on, 

Jno. Symcock, Wm. Southersby, Wm. Markham, Secre. 

Robt. Turner, 

The Councill unanimously agreed and appoynted that Arth. Cook, 
Jno. Symcock & James Harrison, should be Judges for y^ Next 
Prov" Court y' by Law is appointed to be held at Philadelphia, and 
Ordered y' a Comission be forthwith drawn, and y" Broad Scale affix- 
ed thereunto. To authorise and Impowrc them Judges both of Law 
&, Equity accordingly. 

The Petition of Dr. Nich. Moore was Read, &c. 

Adjourned till further Order. 



• PROVINCIAL COUNCIL. 143 

At a Meeting of the Couucill in y" Councill Roomc in Philadelphia 
ye 20* 7* Mo., 1686. 

present: 
THOMAS LLOYD, Presid'. 

John Symcock, Nich. Newlin, Robt. Turner, 

fran. Harrison, John Barnes, Pef Alrichs, 

Arth Cook, Edvvd. Green, Jno. Cann, 

Tho : Janney, Phin. Pemberton, Wm. Markham, Score. 

Wm. Southersby, 

The Gov" Letter that came by y^ way of New York, and Rec"^ by 
y° Secretary y^ 14* Ins'., was this day read in Councill. Benjamin 
Chambers Presid' of y'^ Society, was Called before the Board, and y' 
part of y^ Gov'^ Letter y' related to y" Society was read to him. 

The Request of francis Dan" Pastores was read. 

Adjourned for an hour. 

POST meiiidie:m. 
The same Persons present. 

The Comission that was Ord'^ to be Drawne y'= 3"^ Ins', for Consti- 
tuteing of Judges, was this day read, approved off, and signed by y* 
Presid'. 

A Comission was signed for Wm. Southersby <fe Barnaby Will- 
cocks to be Justices of The Peace for y^ County of Philadel. 

A Blanck Comission was signed for Sherrilf of Philadelphia Coun- 
ty. Wm. Carter proposed if he will accept Thereoff, if not, some 
other the Councill should appoynt, this Comission to Comence Sea- 
ven dayes after y" next County Court of Philadelphia. 

Adjourned till 7 To morrow morning. 



At a Councill in the Councill Roome in Philadelphia September 
y'=21,163r'. 

present: 
THOMAS LLOYD, Presid'. 

John Symcock, Jno. Barnes, Phin. Pemberton, 

Robt. Turner, Wm. Southersby, Edwd. Green, 

fran. Harrison, Nich. Newlin, Wm. Markham, Sccre. 

Tho. Janney, 

Ordered That Thomas Hooton take into his Custody and Care all 
y" personall Estate of Christ. Taylor, Deceased, untill administration 
bo granted, or till further Order, and y^ persons that have y'^ Care at 
present of y' s"* Goods or Estate, Deliver them up to y' Care of the 
said Tho. Hooton accordinp-ly. 

Information being given to this board of a Scandalouse paper given 
by y' Sherriff of y'^ County of Philadelphia to y Grand Jury y" Last 



144 MINUTES OF THE 

quarter Sessions, without any name subscribed thereunto, To the Re- 
proachful! Chargeing or accusing ofonc of y'' Magistrates ofy" same 
Court, and understanding that y" same paper was lodged in y"" hands 
ufTho. riooton, and Considering y" Consequence of suchCondemna- 
blc proceedings, The Councill Required y'' said Thomas Hooton to 
Deliver y" same to this board, w"''' was accordingly don. 

The Petition of Peter Groncndicke, Executor to Cornelius Verhoof, 
requesting a rehearing of y° Causes of Symon Paulin and Richard 
Bundike, &c. and Order was granted thereupon 

The humble Lamentation of Jann Van Cullen was Read, setting 
forth y' abuses of Charles Ashcome. Order y' his Cattle be Return- 
ed, and that y" Difference between him and Charles Ashcome be 
Valued by 4 men, and if they Cannot agree y' it be left to be Desided 
by y" Gov'. 

Patrick Robinson was admitted, upon his Submission to Remaine 
Three Months Longer in his Office of Clark, at w'^ time he promises 
to Resigne y*" same, with y" Records thereunto belonging, and with 
his Owne hand Endorsed y^ same on his Comission, promising further, 
in yMiieantime to behave himselfe Civily & Respectfully to y" Magis- 
trates, and peaceably to all persons, or for y'' first offence Comitted 
in y' nature, to have his Comission forthwith Cancelled. 

Adjourned till y^25* of y^ next month, onless further occasion. 



At a Meeting of y'^ Councill in y*" Councill Roome in Philadelphia 
y« 24*^ 7 bre., 1686. 

PRESENT : 

TPIOMAS LLOYD, Presid'. 

Arth. Cook, Edw'' Green, Rob' Turner, 

Jno. Symcock, Pliin. Pembcrton, Wm. Markham, Secre. 

The Judges that were appoynted for this Prov" Court y' is by Law 
to sitt this day in Philadelphia, were attested, and signed to a paper. 

Ord"" that y" Secretary signey'' Ord' of Councill for Peter Gronen- 
dike. 

Adjourned till y" 15"' next month, unless further Occasion. 



At a Councill in y' Councill Roome In Philadelphia y' 1° of y' 8* 
month, 1686. 

PRESENT : 

ARTHUR COOK, Presid', Chosen by y^ Rest. 
.Tohn Symcock, Wm. Southersby, Phin. Pemberton, 

Rob" Turner, Edw'' Green, Wm. Markham, Secre. 

Wm. Clark, 

The Judges Report the Great abuse offered by Patrick Robinson m 
y Pi'ov" Court to y*" Judges then sitting on y' bench, to y' great hazard 



PROVINCIAL COUNCIL. 145 

of V'' good, quiett and peaceable Constitution of }'' Governm', and 
Great Disturbance. and hindi-ance of Justice in y' highest Court of this 
Province. 

Upon y' Judge's Complaint to this board of y' III behaviour of 
Patrick Hobinson in y' Prov" Court, it is ordered y' he be dismissed of 
his Office as Clark of y^ County Court of Philadelphia, and y^y" Re- 
cords of y" said Court, and all other papers relateing thereunto, be 
brought to y" Councill, or Delivered to David Lloyd, who is Ordered to 
succeed him in his Office, and Comission Ord'' to be forthwith drawne 
accordingly. 

Ordered a new Comission be forthwith Drawne to Constitute or 
Continue Wm. Clark a Gena" Justice of the peace both for y" Province 
& Territories. 

Adjourned till 7 To morrow morning. 



At a Councill in y' Councill Roome In Philadelphia y'= 2'' of y^ S"" 
Mo., 1686. 



ARTHUR COOK, Presid', Chosen by y' Rest. 
Rob' Turner, Edw'' Green, Wm. Southersby, 

John Svmcock, Phi. Pemberton. Wm. Markham, Score. 

Wm. Clarke, 

The Comission y' was Yesterday ord*^ for Wm. Clark to be Justice 
of y" peace for y" Province and Territories, was this day signed by 
y" Present President. 

The Comission that was Yesterdav Ord'^ to be drawne for David 
Lloyd to be Clark of y^ County Court of Philadelphia, was this day 
signed by the present Presid'. 

Edw"* Green and Wm. Southersby, both members of Councill, were 
appoyntcd to goe to Patrick Robinson, and in y^name of y^ Councill. 
Demand y" Record and all other writings y' belong to y" County 
Court of Philadelphia. 

Ord*^ a Letf be writt to y' Gov' in answer of two Letters Rcceiv'' by 
this board from y^ Gov^ 

Edw"^ Green and Wm. Southersby Reports y' according to y^ Ord'' 
of this board, they went to Patrick Robinson, & that he was very wil- 
ling to Deliver up all y*" fvles, both for his time and y" time John 
Southren was Clark, with all prossesses and Continuances of actions, 
and after six hours peaceable Continuance in his owne house, he will 
deliver up all y° acco'^ for y*" Levies, and y' he will much abreviate y^ 
time he had for y^ perfecting y° Records, w"'' he has in a great measure 
gon into, but yett wants to draw out his owne accounts, in order to 
gether in his Debts, w'^'', if he should part with all, wns wholly in- 
capable of Doing ; and likewise, y^ he desired he might be admitted to 
Come before y' Councill to Discourse, about it. 

13 



146 MINUTES OF THE 

The two members of Councill were againe appointed to goe t© 
Patrick Robinson and tell him that he might Come to y* Councill 
with his Keeper. 

The Two members of Councill Returned. Patrick Robinson Came 
with them: y' members Reported they delivered their Message to 
Patrick Robinson, that he made answer that if his Keepers would not 
look after liim he had no reason to scak them, but would Come along 
with us. 

Patrick Robinson did before this board Ingage* ffreely to Deliver 
all things that Relate to y° County Court of Philadelphia that was in 
his possession. Either to night or on next second day morning, to 
y* Secretary, if the Councill will appoint him to give y'^ Receipt for 
the same, and y' he might have free access to them for y" making up 
his accounts, w''' was granted and Ordered accordingly. 

Adjourned till y'' 1 5"' Inst', or further Order. 



1 



At a Meeting of the Councill in The Councill Room The 16'" 0* 
month, 1686. 

PRESENT : 

JOHN SYMCOCK, Presid', Chosen by y' Rest. 

Arth. Cook, Wm. Southersby, Wm. Markham, Secrc. 

Rob' Turner, Tho. Janney, 

The Petition of Capt. Tho. Holmes, was Read, Coraplayning 
against Charles Ashcome, one of his Deputy Survey", for want of a 
mapp of his work don in Chester County. 

The Petition of GriiF. Jones was Read, about Rent due for his 
house from Chris. Taylor. 

Referd to y" Executors and administrators of Chris. Taylor's Will, 
whome they Doubt not but will doe him Justice therin. 

Adjourned till Eight to-morrow morning. 



At a Meeting of the Councill in y" Councill Roomc in Philadel- 
phia y'' 17"' 9"^' Mo., 1686. 

PRESENT : 

JOHN SYMCOCK, Presid', Chosen by y^ Rest. 

Arth. Cook, P' Alrichs, Tho. Janney, 

Rob' Turner, Wm. Southersby, Wm. Markham, Secre. 

The Petition of Abraham Opdengrafe was 'read, for y° Gov™ pro- 
mise to him should made the first and finest pece of linnen Cloath. 

Adjourned till two in y* afternoon. 



PROVINCIAL COUNCIL. 147 

POST MERIDIEM. 
peesext: 
THOMAS LLOYD, Prcsid'. 

Rob' Turner, Arth. Cook, Wm. Markham, Secre. 

Pet' Alrichs, Tho. Janney, 

The Petition oi'Capt. Tho. Holmes, that was Read yesterday, was 
againe Read. 

The Petition of Abraham Opdengrafe y' was read this forenoon 
was again Read. 

Adjourned till Eight To-morrow morning. 



At a Meeting of the Councill in The Councill Roome v' 18 '' 9* 
Mo., 1686. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Rob' Turner, Tho. Janney, Jno. Barnes, 

Arth. Cook, Pet' Alrichs, Wm. Markham, Secre. 

Sam" Land's Letter to y^ Secretary was Read, bearing Date y^ 14"* 
9'^ month, 1686, Desiring to procure for him as y^ King's Sercher, 
a writt of Assistance. 

James Walliams, who was Constituted y° King's Collector for y' 
P»ay and River of Delaware, by Comission from Patrick Mein, Esq', 
y" King's Survey' Gen" of his Maj'' Customes in America, Came to 
y'^ Councill board and produced his said Comission, w'^^ bare Date 
y' 23 day of October, 1686, and was Endorsed by John Cann and 
Peter Alrichs, Certifying thereby y' James VValliamSjy" Collector, was 
attested y^ same day before them, Justices of y" Peace for y^ County 
of New Castle, for his faithfuU Discharge of his trust in that Office. 
The Comission was subscribed thus, (Viz :) I Doe approve of y' 
Person Deputed by v° aforesaid Comission. Signed, 

JOHN CANN. 
James Walliams Backed Sam" Land's Request in his Letter to 
y' Secretary, and Desires y" Councill would grant y' said Sam" Land 
a Writt of Assistance ; to which y" board made answer that y" King's 
Officers should have all y" Assistance possible from them in the Exe- 
cuting their Office, when Ever they shall have Occasion to make 
use of it. 

It was Debated in Councill whether James Walliams had y' day 

presented himselfe to them as y^ King's Collector, in forme and man- 

aer as obliged to by his Instructions. Was Carried in y" Negative. 

Jacob Hall's Petition was Read, Requesting v^ Remittment of the 

tines that was Layd upon y" Servants of his Imployei'. 

Answer: The Councill will Recomend their Thoughts to y"" next 
County Court for Bucks, whether y" Petitioner is Referred, and it 



146 MINUTES OF THE 

was don accordingly, by y'' Members of Councill for y' County then 
present. 

Israeli Taylor having formerly putt in Cavett against y'= Probate 
of his father's will, he Declares is now willing to have all Refered to 
the Governor. 

Adjourned till four in y*" Afternoone. 

POST MERIDIEM. 



The same persons as in the forenoon. 

Upon y" Application of Israeli Taylor to this board for a sute of 
Cloaths of his father's, and for a bedd and furniture, the Councill 
Consented y' by a Member or two of this board, Tho. Hooton be 
desired to give him a sute of Cloaths, and as to y" bedd & furniture 
they are not willing to grant till they understand y" Gov" minde in 
Relation to y" Estate. 

The Comission upon y" Death of Wm. frampton, one of y" persons 
Comissionated for y" mannagem' of y* Registry Office, and upon 
the Application of Win. Southersby to be Excused for being Con- 
cerned therein as joynt Comissioners, and Rob' Turner also not De- 
siring to Continue therein, it was unanimously that y" Gen" Registry 
be proposed to the acceptation of James Claypoole, Sen"", having 
lately Requested y' same ; upon his Consent thereunto, a Comission 
to be Drawne to Impowre him to act therein During y" Gov" 
Pleasure. 

Adjourned till Eight To-morrow morning. 



At a Meeting of the Councill in the Councill Roome The 19"' 9* 
month, 1686. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Rob' Turner, Pef Alrichs, Tho. Janney, 

Arth. Cook, John Barnes, Wm. Markham, Secre. 

The Comission for Register Gen" was this day given to James 
Claypoole, Sen', and he attested accordingly. 

Wm. Carter had his Comission given him this day to be Sherriff 
of y" County of Philadelphia. 

The Councill takeing into Consideration y'^ Unevenesse of y" Road 
from Philadelphia to y° falls of Delaware, 

Agreed that Rob' Turner & John Barnes for y" County of Phila- 
delphia, Arth. Cook and Tho. Janney for y" County of Bucks, with 
y " Respective Survey'^ of y' s' Counties, meet and Lay out a more Como- 
dious Road from y'" broad Street in Philadelphia to y' falls aforesaid : 
y" time when is Referred to y*" memb"^ Nominated. 

Adjourned till further Order. 



PROVINCIAL COUNCIL. 149 

At a Meeting of the Councill in the Councill Roome In Pliiladel- 
phia y^ 30'" of y^ T' Mo., 1687. 

PRESENT : 

THOMAS LLOYD, PresicV. 

Arth. Cook, Jolin Barnes, Wm. Markham, Secre. 

Nich. Newlin, 

Few members being Come to Towne, those present adjourned till 
two in y^ afternoon. 

POST MERIDIEM. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Arth. Cook, Nich. Newlin, Jno. Barnes, 

Rob' Turner, Wm. Clark, Wm. Markham, Secre. 

The Returne of y'^ members to serve in y' Prov" Councill for y" Coun- 
ty of Philadelphia was Read, and by y" Councill accepted off. James 
Claypoole Returned therein to serve for Three Years, he having 
subscribed y' Oligation took his place. 

The Returne of Kent County was Read and accepted of, only John 
Curtis, who was returned to serve in Prov" Councill for three years, 
was Excepted, he having lained under Suspition of Speaking thrca- 
sonable words ; and altho' j*" Grand Jury had Returned y' bill against 
him Ignoramus, yett y^ Councill thought it not fitt to admitt him as 
Councellor amongst them. Griffith Jones, who was returned at y"" same 
time, for y*" same County, to serve in Prov" Councill the Remaining 
part of the Time Wm. Frampton, Deceased, was to havese rved, 
signed y*" Obligation & took his place in y^ Councill. 

Adjourned till to morrow morning y' O"* hour. 



In the Councill Roome at Philadelphia y*^ 31'" V Mo., 1687. 
present: 
THOMAS LLOYD, Presid*. 

Arth. Cook, Nich. Newlin, John Symcock, 

Wm. Clark, James Claypoole, Rob' Turner, 

(4riff". Jones, Phin. Pemberton, Wm. Markham, Secre. 

John Barnes, 

The Returne of y^ members to Serve in Prov" Councill for y" Coun- 
ty of Chester was Read, and tho it was lame, yet upon y" assurance 
of y" members of Councill for y' County, that y" persons therein men- 
tioned were fairly Elected, it was accepted of : John Bristow Returned 
to serve for three years in Prov" Councill, signed the Obligation & 
took place. 

The Returne of Bucks County was Read & accepted off': Joseph 
Growdon was Returned to serve for three years in Prov" Councill, 
signed the Obligation «fe took place. 

13* 



150 MINUTES OF THE 

Tho Gov" Letter to y"" Prov" Councill was read, bearing Date y' 
15'" r^ month, 1686. ' 

Adjourned till 4 in y^ Afternoon. 

POST MERIDIEM: 

PRESENT : 

THOMAS LLOYD, Presid'. 

Arth. Cook, Jam. Claypoole, Nich. Newlin, 

John Symcock, Rob' Turner, Jno. Cann, 

Wm. Clark, (iritF. Jones, Jno. Bristovv, 

Phi : Pemberton, Jos. Growden, Wm. Markham, Secre. 

John Barnes, 

The Returno for y" County of New Castle was Read, signed 
Edw'^ Gibbs, pro Sherrif!": the Councill would not accept of y*" Rcturne 
.so signed, but upon John Cann's assuring y'' Councill that it was a 
faire Election, it was accepted, wherein Peter Alrichs was Returned 
to serve in Prov" Councill for three years ; he signed y^ Obligation 
and took his place. 

The Gov" Comission to y'' Councill was Read. 

The Rcturne of y" County of Sussex was read, wherin Maj'' Wm. 
Dyer was Returned to serve in Prov" Councill for Three years : the 
Returne was Accepted, y^ Maj' Excepte against only. 

Maj' Wm. Dyer presenting himselfe as a Prov" Member in Coun- 
cill; the Councill Expressed their Gen" Dissatisfacon and unwilling- 
ness to permitt him, and Desired to Desist, Declareing y' they Could 
not in Duty and Respect to y^ King, nor Avith Security to y'^ Province, 
take such into y' Councill who had not Discharged the Office of y'" 
King's Coir of his Customs within this Governm' with faithfulness 
& a good Report. 

Maj"^ Wm. Dyer pressing further for more perticular Reason for 
his non admittance into y^ Councill as a member thercofT, y'' Councill 
Referred to Wm. Clark, Jno. Cann, Pet'' Alrichs & Griffith Jones, to 
1)0 a Comittee to Inquire into that matter, and to Reduce into writing 
the Reasons given, and to present them to this board the next Seventh 
day morning. 

Adjourned till Eight to morrow morning. 



In tlic Councill Roome at Philadelphia The first day of y^ 2"^ month, 
1687. 

PRESENT ; 

THOMAS LLOYD, Presid'. 

Arth. Cook, Wm. Clark, John Symcock, 

Jam. Claypoole, Pef Alrichs, Griff, Jones, 

Nich. Newlin, John Barnes, Rob' Turner, 

Jos. Growdon, Phi. Pemberton, Wm. Markham, Secre. 

John Cann, John Bristow, 

The Petition of John Curtis was read, setting forth his great Dis- 
satisfaction y* where he was Chosen a member of Councill for y' Coun- 
ty of Kent, he was not admitted to take place. 



PROVINCIAL COUNCIL. 151 

Answer. The Councill Coniinues their Sence y' he Ought to be 
dismissed. 

The Petition of Several! persons ag' transporting of Dear Skins 
was Read. 

A Petition from many of y^ Inhabitants of Chester County, Request- 
ing the same as y" former, was Read, in w''' Petition were severaO 
other Requests about Laws. 

Ord"^ y' notice be given to all the Justices «fe Others Concerned, 
y' they Strictly putt in Execuon v^ Law ag' transporting Raw Deer 
Skins, & y' y' Law ag' Selling of Rum, y" Laws against Curseing and 
swearing, & y' Law ag' Dnmkeness_, be strictly putt in Execution. 

The Presid' & Councill Debating about y" Petition of John Curtis 
this day read at y" board, they did unanimously agree, y' whereas it 
did appear to this board y*^ y^ said John Curtis had been accused of 
treason, & tho y^ Grand Jury found not y' bill, yett were* think it 
our Duty to Dismiss him, and therefore he is accordingly Dismissed 
from y" said service. 

Adjourned till to morrow morning. 



In the Councill Roome at Philadelphia The second day of y^ 
second month 1687. 

PRESEirr: 
THOMAS LLOYD, Presid'. 

Wm. Clark, John Bristow, John Barnes, 

Pef Alrichs, Nich. Newlin, John Cann, 

Griff Jones, Phin. Pemberton, Jam: Claypoole, 

Jos. Growdon, .Tno. Symcock, Wm. Markham, Secre, 

Arth. Cook, Robt. Turner, 

The Comittee appointed to prepare perticular reason why Maj' 
Dyer was not admitted a member of Prov" Councill, brought in their 
Report to y" Councill in writing, with y" Reasons taken by them from 
other persons, under the relator's hands, all w""" was Read at this 
board, and unanimously allowed of by the Councill as a sufficient 
Reasons for his non admission. 

After Reading y*" Gov'^ Letter of y^ last seventh month, with vari- 
ous Considerate Debates in this Legislative Prov" meeting Concern- 
ing y' Present body of Laws, & of y"" Security & benefitt w'^ might 
accrew to the Province and Inhabitants by their Repeal Intirely as 
they Stand,, and of their Speedy revivall next Gen" Assembly, w"' 
such allowed alterations and abrogations of those whose service are 
Either Determined or not so matcriall as when first Enacted, & with 
all perusing the minutes and finding the (^.oncurrcnt Sense of y' last 

*We.. 



152 MINUTES OF THE 

Assembly : The Presid' & Prov" Councill have at this time unani- 
mously & with Generall Express satisfacon, Concluded & ordered 
y' it should be so Entred in the Councill book that y° Law so Com- 
pacted & Continued as they now are, may Remayne and be in force 
without annulling Variations, or supply of additionall bill or bills at 
this time, till wee hear further from y' Gov"', his arrivall, or to y' sitting 
of y' next Prov" Councill, in Ord' to prepare bills to be promulgated 
for the Assembly to pass into Laws. In the Interime howsoever, it 
is Expressly agreed upon y' the bench of Justices in Each County 
writ unto by a publick Instrument to Incourage, quicken and require 
the Due Execution of all such Laws more Especially, which being to 
frequently, publicqly & notoriously transgressed, God's blessed truth 
Comes thereby Grieved, his name prophaned, the Province Go- 
vernm' & Professors of his holy way, and scandalised thereby. 

Mcmorendums of what is to be Compleated by y^ Councill by y' 
approbation of the present members : 

l"" That a publick writing be sent to y^ Respective Counties to In- 
forme them of the respectfull Remembrance of our Gov"' towards them, 
y'^ Reasons of his unpleasant Stay, the Sudden hopes of his arrivall, 
w"' an acco' of our present proceedure, to be Dispatched with all Ex- 
pedition. 

2'"i' An Enquiry of y" undertakers about y° Gov" Supply, w"" what 
furtherance may be of the same. 

3'"'' That y" Gov" Instructions about y^ Caves be persued. 

4™'' That a new Comission be Drawn for y^ Continuing y° former 
Judges for y*" next Prov" Court. 

5""'^ That C omissions may be prepared for Officers for y' County es 
were wanting. 

Desired y' y" Presid' signe y" Severall Comissions. 

The Members of New Castle County having presented Edw'^ Gibbs 
for Sherriffof y' County, Ord"^ that a Comission be Drawn for him. 

Sam" Hersent's Petition was Read, begging Relief from y' Judg- 
ment of y' County Court of Philadelphia. Henry Reynolds plant. 
Referred to the Prov" Judges. 

A Table of fees Relating to the Atturney Gen" Office having been 
i:>erused, is allowed off by this board untill further Ord'. 

POST MERIDIEM. 

PRESENT : 

THOMAS LLOYD, Presid'. 

James Claypoole, Phin. Pemberton, John Cann, 

Wm. Clark, John Barnes, Griffith Jones, 

Joseph Growdon, Pet' Alrichs, Wm. Markham, Secrc. 

The Petition of Thomas fairman against Cap' Tho. Holmes, Sur- 
vey' Gen", was Read. 

Answer. That Cap' Holmes Intends to be at y° Comiss" meeting 
the next second day, whether he is Referred. 

The Petition of Cornelius Empson, Concerning a Bridg Road and 
a Water mill on Brandiwinc Creek, was Read. 

The Petition of Rob' Jeffs was Read, requesting Reliefe ag' Tho. 



I 



PROVINCIAL COUNCIL. 153 

fairman's forcable Entry in to his house, as he Expresses it in his Pe- 
tition. 

Answer. That the Courts of Law arc and shall be open, but y* 
Sense of the Councill is, that their mutuall agreements should be ac- 
cordingly performed. 

Adjourned till y*" fourth Ins'. 



At a Meeting of the Councill in y' Councill Room at Philadel- 
phia The 4"^ of y^ 2'' Mo., 1687. 

present: 
THOMAS LLOYD, Presid*. 

Wm. Clark, Rob' Turner, Joseph Growdon, 

Arth. Cook, Phin. Pemberton, Wm. Markham, Secre. 

The Petition of John Van Cullin was Read, Requesting Releef 
from y" Oppression of Thomas Usher, Sherriff of Chester County, 
who by Vertue of an Execution obtained By a Vexatious sute of 
Charles Ashcome, hath taken from him his two milk Cows, w* was 
all he, his wife and seaven small (children had to live upon, himselfe 
being sixty & six years of Age, and past his Labour to work for more. 

Ord** That an Ord' be sent to y" Sheriff of Chester County to 
appear before y" Councill y" next second day, to answer the Complaint 
of the Petitioner, and if any Distress or Execution hath been served on 
his goods or Chatties, that they be no ways Disposed of untill y" Coiti^ 
plaint be answered before this board, and if y^ Cattle be taken away, 
that they be forthwith Restored, or Carefully looked to in y" meantime ; 
and that he make Returne of a former Order he had from this board 
in the buisness between Charles Ashcome and Jn" Van Culing. 

Adjourned till 3 in y' Afternoon. 



At a Councill in the Councill Roome In Philadelphia y" 5* of y" 
2* month 1687. 

FRESENT : 

raOMAS LLOYD Presid. 

Wm. Clark, Rob' Turner, James Claypoole, 

Arth. Cook, Jos. Growdon, Wm. Markham, Secre. 

Phi. Pemberton, 

The Petition of James fox in behalfe of himselfe and y'^ Rest of the 
Inhabitants of y" Plymouth Township, was Read, requesting a Cart 
Road might be laid out to their Towne Ship. 

Ord""^ that there be no Disturbance or Molestation to the Inhabi- 
tants of the Pleymouth Townshipp, In their finding and Laying out a 
Convenient Cart Road from Philadelphia to their Township. 

Adjourned till v^ H"' Ins'. 9 in the forenoon. 



154 MINUTES OF THE 

At a Meeting of the Councill in the Councill Roome In Philadel- 
phia y" ir"2^Mo., 1687. 

present: 
THOMAS LLOYD, Presid'. 

Jolin Symcock, Jam. Claypoolc, Rob' Turner, 

Arthur Cook, GrifF. Jones, Wm. Markham, Secre. 

Wm. Clark, 

Thomas Usher made his Appearance before this board according 
to Summons, to answer y" Complaint of John Vanculling, and for 
answer subscribed y*" Summons, with these words following, and Re- 
turned y' same so subscribed to y' Councill, Viz' : As to this Ord' my 
Returne is, I doe abide by my Lawfull Serving y' Execution upon y* 
Milch Cattle of Jn° Vanculin in y'' Case of Charles Ashcome. 

THO. USHER this U'" 2" Mo., 16S7. 

The Petition of Arnoldus Delagrange was Read, Requesting the 
Spee'dy payment of Money due to him from Christo. Taylor, Deceased. 

Answered. That if the Gov'" comes not, nor y' Councill hear from 
him in six Weeks or two months time, speedy Course shall be takea 
by this board to pay y" Petitioner. 

Adjourned till further Order. 



At a Councill In the Councill Roome in Philadelphia y' 13'" 2^ 
month, 1687. 

PUESENT ; 

THOMAS LLOYD, Presid'. 

Wm. Clark, Arth. Cook, John Barnes, 

Griff Jones, James Clay poole, Wm. Markham, Secre. 

Jno. Symcock, 

Ord"'' that y' Secretary signe Six Instrum'% to be sent one to Each 
County, to minde y" Magestrates of their^Duty m suppressing of all 
Desbauchery. 

The matter of the Supply being reassumed,Ord'^ that y" undertakers 
bring in their Reasons why the sum for the supply, according to their 
obligations, is not paid; y' day appoynted is the lO"" of y' next 
month. 

By Express Ord' from y'" Gov'' to The Frov" Councill, that notice 
be given to all persons Concerned in y" Caves or houses built upon 
y" bank of this Towne, on Delewareside, unless those Leased by the 
Gov' & not yett Expired, do by y"^ 20"' of y^ next month, provide for 
themselves other habitations, in order to have the said Caves or houses 
Distroyed, or otherwise Disposed off, as the Gov' shall see meet. 

The Petition of Rob' Jeffs was Read, requesting Relief against 
the forccable Entry and Deteincr of Thomas fairman. 



PROVINCIAL COUNCIL. 155 

The address of Cap'. Tho. Holmes ag' Charles Ashcome was 
Read. 

Adjourned till Six to morrow morning. 



At a Meeting of the Councill in y° Councill Roome In Philadelphia 
ye 14th 2d j..onth, 1687. 

present: 

THOMAS LLOYD, Presid'. 

James Claypoole, Wm. Clark, Wm. Markham, Secre. 

Arthur Cook, John Symcock, 

The Petition of Thomas ffairman was Read, respecting the Differ- 
ence between him and Rob' Jeffs as to a forceable Entry ; as also, 
touching upon Capt Thomas Holmes. 

Robert Jeffs & Tho. fairman being both before y" Councill, and 
y" affair in Differance being Considerately Debated, it was unani- 
mously Ordered, with y" Joynt accord of both parties, y' Rob' Jeffs 
should have peaceable admission and possession into the Messauge 
and Premises Demised to him at frankford, by Tho. fairman, at 
or upon the next seventh day, in the forenoon, w'^'' will be y" IG"" Ins', 
and y' y*" Intended uncertaine Improvements mentioned in y^ margent 
of the Contract in writing, arc to be four hundred apple trees, to be 
sett and planted within y" first fourteen years, at a Convenient Dis- 
tance, with a pale, or a sufficient Close fence, and y^ same to be ac- 
cordingly Kept, and so surrendred at y^ Expiration of the Tearme. 

Ord"' that Tho. Barker, Sam" Jobson, Sabian Cole, Jno. More and 
Humph South, have their Returns made into y° Secretary's Office, 
(by the Survey"" Gen",) of the Land that was Surveyed for them by 
Charles Ashcome in the Welch tract, it being in all four thousand 
acres. 

Adjourned till further Order. 



At a Meeting of the Councill in the Councill Roome at Philadel- 
phia y' 19*^ a*" Mo., 1686*. 

present: 
WM. CLARK, Presid', p Choyce. 

James Claypoole, Griffith Jones, Wm. Markham, Secre. 

Robert Turner, 

The Gov"" and Councill's Letter of New York, bearing date y* 15 

*^1687, 



156 MINUTES OF THE 

Aprill, 1687, Directed to y' Presid' & Councill of Pennsilvania, was 
Read. 

Ordered That a Coppy thereof be sent to Presid' Lloyd, at New 
York. 

Adjourned till further Order. 



At a Meeting of the Councill in the Councill Roome In Philadel- 
phia y' lO'" 3" Mo., 1687. 

PRESENT : 

THOMAS LLOYD, Presid*. 

Jno. Symcock, John Roads, Jos. Growdon, 

Arth. Cook, Wm. Darvall, Wm. Markham, Secre. 

Wm. Clark, 

The Gov^ and Councill's lett^ of New York of y^ IS'" Aprill, 1687, 
Directed to y*" Presid' and Councill of Pennsilvania, was Read a 
second time. 

Ord"* that answer be sent by y' first Opportunity, Relating that 
Wee Know of no such man as D' plessie within this Province, nor 
shall be Countinanced by us. 2dly. as to y' Susquahanna and Skool- 
kill Indians, Wee hope such Care and diligence shall be used as will 
give no just occasion of Offence. 

The Petition of Wm. NichoUs was Read, requesting Relief ag' an 
Execution obtained in y^ County Court of Philadelphia by John 
Crept, against y" said Wm. NichoUs. 

Ord*^ That Cropt have notice to appear To-morrow before this 
board. 

The Petition of John Readwood was Read, requesting Relief 
against an Execution obtained ag' him in y° County Court of Phila- 
delphia, at y*^ sute of Rich' Hogbean. 

Ord"" That Rich'' Hogbean have notice to attend y'^ Councill to- ' 
morrow morning by 10. 

Adjourned till tenn To-morrow forcnoone. 



At a Meeting of the Councill In the Councill Room In Philadelphia 
y= 11'" 3" Mo., 1687. 

present: 
THOMAS LLOYD, Presid'. 

John Symcock, John Barnes, John Roades, 

Arthur Cook, Wm. Darvall, Wm. Clark, 

Griffith Jones, John Bristow, Wm. Markham, Sec. 

Joseph Growdon, Nich. Newlin, 



PROVINCIAL COUNCIL. 157 

Rich"^ Hogbean appeared accordinir to appoyntment yesterday. 

Jno. Readwood's Petition y' was Read at y" board yesterday, was 
againe read. 

Orded that they goe together and Endeavor to accomodate y" Dif- 
ference between themselves ; if they Cannot, then to Come ao-aine. 

Wm. Sal way 6c Thomas Langhorne Came w"' a message from 
y° Assembly to know when they should wayt on y* Councill. 

Answered in halfe an hour, or sooner if they pleased. 

The King's Letter bearing Date y" W^ November, Directed to 
Presid' Lloyd or Secretary Markham, Commending the sending of 
John Grey, aP Tatham, by y" first Convenentcy of Shipping for 
England, to answer to severall Misdemeanors alliged there atr' him, 
was Read. 

The Assembly, with their Speaker, Came to The Councill : they 
made severall proposals to y° Councill, then left them in writint^, 
signed by their Speaker, w'"* are as foUoweth, Verbatim : 

Sundry Proposalls Agreed on by The Assembly to be presented to 

y" Presid' & Councill, as followeth: 

1 . That y° Presid' and Councill be moved y' the Counties may not 
Suffer a Vacanlcy by the Suspention of members, but that y° persons 
may Either be re-admitted, or Else writs Issue out the respective 
places for a new Choyce. 

2dly. That y" Councill be moved to revoke their Orders to the 
County Courts prohibiting Executions to be Issued out untill tenn 
days after Judgment, by reasons divers Inconvenentcies have accrued 
thereby. 

3dly. That y° Presid' & Councill be Desired that for y° Continuing 
of a good understanding between y^ upper & Lower Counties, that 
there may be at least One of the Prov" Judges Chose from y'' Lower 
Counties. 

4thly. That y^ Councill be moved prohibitt I regular Summons to 
be Issued out from one County to an other, to be Vexation of the free 
people of this Province, di Contrary to y^ Intent of y" Law. 

5thly. That the Councill be moved according to y" power of y° 
Charter, to take a Speedy acco' of y'' moneys paid for y° Erecting of 
Bouys, &; y' w"' all Convenient Speed y^ sayd Bouys be Erected, 
for y^ safety and preservation of Vessels coming in and going out of 
this Province & Territoryes, & to prevent the Claymours of Masters 
of Vessells who are obliged to pay the Money and Reape no bene- 
fitt thereby. 

Signed p order. 

JOHN WHITE, Speaker. 

Philadelphia, y= ll"' &' mojith 1687. 
Adjourned for an hour. 



14 



158 MINUTES OF THE 

POST MERIDIEM, y'' ll* 3^ Mo., 1687. 

PRESENT : 

THOMAS LLOYD, Presid'. 

x\rth. Cook, Griff. Jones, Wm. Clark, 

Jno. Symcock, Jno. Bristow, Wm. Dervall, 

Jos. Growden, Nich. Newlin, Wm. Markham, Socre. 

Jno. Barnes, John Roades, 

Rob' Jeffs made his address to y" Councill personally, without 
writing, Complayning that the Order of this Board of y" 14"' 2^ Mo. 
last, was not observed, and Requested they would be pleased to Order 
y" Justices forthwith to Execute it. 

Ordered y' y" Magestrates before whome Enquirie was made, have 
notice of the address of Rob' Jeffs, and y' it is the unanimous opinion 
of this board, that according to y" mutuall agreement of both parties 
{Viz: Tho : fairman and Rob' Jeffs,) made before this board on y' 
14'h of y" 2'' Mo. Last past, the said Rob' Jeffs ought to liave Re- 
possession of his house and Tenement at franckford. 

Wm. Nicholls and John Crept being by appoyntment on y' Id"" 
Ins' to appear before this board yesterday, made their appearance t{> 
day. After a long hearing of y^ Difference between them, it was or- 
dered that Wm. Nicholls Bring in his account to morrow morning. 

The Councill's Answer To y* Proposalls made by the Assembly in 
y° forenoon. 

1. If a suspended member be not admitted, nor Cleare himselfe 
within two months, then a new writt shall be Issued to Choose an 
other according to Law. 

2. Wee Refer the same to y^ former practice, and y" Discression 
of y" Judges and Justices of the Respective Courts. 

3. In Choyce of Judges, there shall be tender Regard and due Re- 
spect had to y" Lower Counties. 

4. That all Irregular Summons from one County to another shall 
be wholly Discountinanced. 

5. It's Ordered that an acco' be brought to y° Prov" Councill of 
what money hath been Collected on acco' of Bouys, w"" all Convenient 
Expedition, that it may be applyed to its proper use. 

Adjourned till 9 To morrow morning. 



At a Meeting of the Councill in the Councill Room In Philadelphia 
y« 12"" S"* Mo., 1687. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Arthur Cook, .Tohn Bristow, Joseph Growdon, 

Ja. Claypoole, Nich. Newlin, John Barnes, 

Wm. Dervall, Griffith Jones, Wm. Markham, Secre. 

John Roades, John Sjmcock, 



PROVINCIAL COUNCIL. 159 

Luke Watson and Vallentinc Hollenswortli Came with a Message 
trom y' Assembly, to Know when y" Councill would be at Leasure to 
hear some proposalls from y^ Assembly. 

Answered. As soon as they pleased. 

The Assembly Came with their Speaker to the Councill, and having 
Debated on y' proposalls following, left them in writing, signed by 
their Speaker, which foUowes, Verbatim : 

Ordered y' a Conference be proposed to the Presid' & Prov" Coun- 
cill, wherein some Laws w"^ are Lyable to Divers Interpritations or 
Expositions, may at this Gen" Assembly be Explained, & y* true 
meaning thereoff Declared, to prevent Diversity of Opinions and Er- 
rours that may otherwise arrise. Viz : 

1 . That the Law relating to goods taken upon Execution & ap- 
praised, whether y' Creditor shall be obliged to take them at y" Rate 
appraised if they will not advance higher at y" publick Sayle, and 
whether y^ appraisers are by Law Intended to be appraisers in other 
matters. 

2. The Law Concerning Quarter Sessions ; how far y" County 
Quarter Sessions may be Judges of Equity as well as Law, and if 
after a Judgment in Law, whether the same Court hath power to 
Resolve itselfc into a Court of Equity, and Either Mitigate, alter, or 
Revers y" said Judgment. 

3. That the Presid' & Prov" Councill be Requested to take such 
EfFectuall Care about setling the antient port of the whorkills at 
Lewis, whereby y^ Inhabitants may not be deprived of benefit of Re- 
ceiveing goods from on board any Vessell, untill y' said goods be first 
(Cleared at New Castle, whereby y" Difficulty of returning, and some 
times the danger that doth otherwise attend Vessels, have Deprived 
y^ Inhabitants of Such goods as have been Consigned to them. 

4. That the Presid' & Councill be requested to Command that 
such necessary Publick Roads be Every where sett forth and Duly 
maintained, & more Especially in y" County of Philadelphia, y' travi- 
ling for man and Beast may be more Easie, safe & Certaine. 

5. That the Assembly Confer with the Prov" Councill about the 
regulation of the Current pay of this Governm*. 

Signed p Order. 

JOHN WHITE, Speaker. 
Philadelphia, the IS"- 3 Mo., 1687. 
Adjourned for one hour Pressisely. 

POST MERIDIEM. 12 3 Mo., 1687. 
present: 
THOMAS LLOYD, Presid'. 

Jos. Growdon, Jam. Claypoole, Wm. Darvall, 

Jno. Bristow, Wm. Clark, Griffith Jones, 

Jno. Symcock, Nich. Newlin, Wm. Markham, Secre. 

Arthur Cook, John Roades. 

A Letter bearing date y' 9'" Inst, from James Walliams, Collector 



160 MINUTES OF THE 

at New Castle, Directed to y" Secretary, was Read, Desireing y' if the 
Warr' of assistance was Ord"'' by y^ Councill, to send it him downe. 

Ord''^ that y'' Secretary Informe him of a Comission newly received 
from y*" Gov", and Expected Every day to be opened, to w"'' the Grant- 
ing of the W'arrant is Referred. 

A Comission Directed to Wm. Markhani, Thomas Ellis & John 
Goodson, was Read at this board, Wm. Markham & John Goodson 
being present; it was Date y"= 21'" 11'" Mo., 1686. 

Adjourned till y' 16"' Inst', 9 in y' forenoon. 



At a Meeting of the Councill in the Councill Room in Philadel- 
phia The 16'" of the 3" Mo., 1687. 

present: 
THOMAS LLOYD, Presid'. 

Arth. Cook, Joseph Growdon, .John Barnes, 

Wm. Clark, John Bristow, Wm. Markham, Secre. 

Griff. Jones, 

Ord"'' that a writt be forthwith sent to Kent County, for y" Chooseing 
of a member of Councill in y' Roome of John Curtis, Dissmissed. 

Ord"" that ne^v Sheritf be ('omissionated for y° County of Sussex, 
with all Expedition. 

Orded I'hat a Comission be made for John Roads to be Renger of 
Sussex County. 

Adjourned till further Order. 



At a Meeting of the Councill in the Councill Room at Philadelphia 
y^ 17"' 3'' Mo., 1 687. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Arth. Cook, Wm. Clark, GrifF. .Tones, 

Jos. Growdon, John Symcock, Wm. Markham, Secre. 

Tiie Petition of Elizabeth Shorter, Widdow, was read, Complayn- 
ing that John Rush, her son in Law, instead of a Letter of Atturney 
that shee was to signe, prepared a Deedof gifft of all her Estate, with 
power of Atturney, to one Sam" Atkins, to acknowledge the same in 
Court. 

The Wittness to y" Deed were severally Examined ; they all Confest 
the writing was not read to her, nor Could shee Ever write or Read 
hcrselfc, so y' it appeared to this board to be an absolute Cheat. 

Adjourned till further Order. 



PROVINCIAL COUNCIL. 161 

At a Meetino; of the Councill in the Councill Roomc at Philadel- 
phia y^ IS"" 3' Mo., 1687. 

peesent: 
THOMAS LLOYD, Presid'. 

Arth. Cook, .Tames Claypoole, Joseph C.rowdon, 

Jno. Symcock, GritF. Jones, Wm. Markham, Secre. 

Wm. Clark, 

The Writt for Choosing a member of Councill for v" County of 
Kent, in y*" Roome of Curtis, Dismissed, was this day signed by y' 
President. 

The Petition of John Redwood for Releef against an Execution 
Surreptitiously obteined against him at y' Sute of Rich' Ilogbean, at 
•f County Court of Philadelphia, (formerly Read at this board,) and 
now Read againe. 

Answered. It is y° Sense of y° Councill that the offers John 
Redwood made before y*" Members of this board for y^ Satisfacon of 
the Debt he Oweth to Rich'' Hogbean, are Sufficient, Viz : to give Se- 
curity to pay y""' Debt in Sussex County, where the Creditor lives. 
Secondly, he Offered a Warrant of Atturney to Confess Judgment for 
y' same in y"" next Court to be held in y"" County of Sussex, if not 
payd before. And Lastly, y*" Creditors refuseing to take Wm. Clark 
security for y° payment of y" Debt within six weeks time, notwith- 
standing the Cred' first proposed it, & Wm. Clark willing thereto. 
Therefore, this board's Opinion is, that y° Creditor, Rich'' Ploggbean's, 
behaviour in this is Litigious and Vexatious. 

The Petition of James Browne was Read, desiring the paym' of 
money due to him from Chr. Taylor, Deceased. 

Answered, that at the time appoynted, Arnoldus De La Grange, it 
shall have its answer. 

The Petition of Thomas ^^'oolaston was Read, Complayning that 
y' County Court of New Castle had Dcnyed him an appeal to have 
his Cause heard in Equity, notv/ilhstanding he gave his reasons for 
Requesting his appeal, and his Security then ready in Court; he pro- 
duced to this board y" Coppy of y" proceeding in y'' County Court, w*^ 
was signed by y" Clark thereoff, upon y* Reading off which y"' Coun- 
cill approved ofy° reasons therein given to be sufficient for y" granting 
him an appeal ; & thereupon ord''' y' y'' Secretary take Security of y' 
i' Tho. Woolaston, for the Prossecuting y" said appeal at y° next 
Prov" Court, and then sent a Coppy of this minute, v/ith orders from 
this board, under y° secretary's hand, to y' Magcstrates of New Cas- 
tle County, or a Quorum thereof, willing & requiring them to stopp 
all further proceeding relating to this Cause in y' County, and y* tha 
appeal be granted him to y" next Prov" Court. 

Adjourned till further Order. 



14* 



162 MINUTES OF THE 

At a Meeting of the Councill in theCouncill Roome in Philadelphia 

Thel7"'ofy^6'"Mo., 1687. 

PRESENT : 

THOMAS LLOYD, Prcsid'. 

Wm. Clark, Jos. Growdon, John Bristow, 

Arth. Cook, Nich. Ncwlin, Wm. Markham,Secre. 

GrifF Jones, 

Ordered that a writt be sent to y° ShcrrifTof Philadely:>hia County, 
for y^ Choosing of a member to serve in Prov" Councill in the Roome 
of James Claypoole, Deceased, & that y*^ Election be on y" 26"" Inst'. 

Adjourned till 3 in y" afternoon. 

POST MERIDIEM. 

PKESE AT : 

THOMAS LLOYD, Presid'. 

Wm. Clark, Griffith Jones, Rob' Turner, 

Arth. Cook, Nich. Newlin, Wm. Markham, Secre. 

Jos. Growdon, John Bristow, 

Ordered y* a Gen" Comission of y^ Peace be made for y" County of 
Philadelphia, and to put in John Eckley, Tho: Ellis, John Goodson, 
Wm. Southersby, Barnabas Willcox, Joshua Cart, John Shelton. 

The Petition of about three score people. Inhabitants of Chester 
County, was Read, setting forth the great want of a INlill in their 
j)arts, and Requesting a Permission for Thomas Coebourne to goe for- 
ward with y" building, and setting up of his mill on Chester Creek. 

The Councill is willing to give Incouragem' to y"" Proceedure of 
Thorn. Coebourne in the finishing of his mill that he is now about, for 
y ■ urgent necessity of y^ Contrey, Reserving to y" Gov"" his Proprie- 
tary Shipp. 

Adjourned till 7 to morrow morning. 



At a meeting of the Councill in the Councill Room at Philadelphia 

y ^gth QtU ]^Io_^ 1687. 

present: 
THOMAS LLOYD, Presid'. 

Wm. Clark, Griffith Jones, John Bristow, 

Artli. Cook, Jos. Growdon, M'^m. Markham, Secrc. 

Rob' Turner, 

Ordered That those persons who were Constituted Deputies by 
James Claypoole, late Register Gen" of -s" Province and Territories, 
doe Continue in y" Said Office unlill fiu'ther Ord'. 

Ord'^ that John Eckley be Constituted Register Gen" in the Roome 
of James Claypoole, Deceased, till y" Gov" pleasure be further knowne, 
in order to his Disposall of y" said Office. 



PROVINCIAL COUNCIL. 16S 

Ord"^ That Thomas Hooton be requested to prove the will of Chris- 
topher Taylor, Deceased, & to administer upon y* same. 

The Petition of Arnoldus Delagrange was Head, Requesting y' 
Paym' of what was Owing to him by Chris. Taylor, Deceased, ac- 
cording to a promise made by this board 11"' 2"^ month last past. 
Refcred to Tho. Hooton, who is desired to administer upon y^ Estate. 

The Petition of Maj"' VVm. Dyer was Read, setting forth his sevear 
usage by an Illegall proceeding ag' him at New Castle, in attachment 
of his Goods, & desiring Reliefe from this board. 

Ordered y" the Clark of New Castle Court be writ to to transferr to 
y° Secre'>* Office y' Coppy of what proceedings Remains on y" Courts 
Records against Maj' Dyer, upon y^ attachment aforesaid. 

Vpon y'' Reading y" Petition of y' Inhabitants of Rodnor, Com- 
playning y' part of y'^ road y' leades thence to the ferry of Philadel- 
phia is tienced in, & more likely to be, it was Ord'''' y' John Bevan, 
Henry Lewis, David Merideth, John Evans, Barnabas Wilcox & 
Tho. Duckett, meet within fourteen days, to view or agree upon, as 
Conveniently as may be, a Road from y^ Place aforesaid to y'' ferry, 
and y^ Like Convenient Road from Darby to y^ ferry aforesaid, by 
y" said Barnabas Willcox, Tho. Duckett, with John Blunston & 
Joshua fearme, by y" Time aforesaid, and to Returne y^ same to this 
board y^ next sitting of Councill for their approbation. 

John Bristow is desired to give y^ Persons above mentioned notice 
thereof in his Returne. 

Wheras there was a late Order for y" Viewing and Discovering a 
maine Road from y" Center of Philadelphia y" Shortest way to y^ falls, 
it is Requested y' Rob' Turner and Wm. Markham, with y" As- 
sistance of y" Survey' Gen" and his Deputy, to make use of y'' most 
speedy and SuccesfuU Methods for y'' running y" same. 

The Petition of John Ithell was Read, setting forth that Rob' Turner 
had Nine Small baggs of peices of Eight of Wm. Steets of Cork, in 
y" Kingdome of Ireland, part of w* y" said Robert Turner hath de- 
livered, and desires to be acquitted of y° Residue, therfore prays it 
might Lodg in y' hand of Humphrey Morrey or John Bristow, or 
who y^ Councill shall appoynt. 

The Councill would not meddle with it. 

Adjourned till y' 8'" 7* Mo. next. 



At a Meeting of the Councill in the Councill Roome at Philadel- 
phia y'= 8*^ 7"' month, 1687. 

present: 

THOMAS LLOYD, Presid'. 

Wm. Clark, Jno. Bristow, Robt. Turner, 

Jno. Cann, Griflith Jones, Wm. Markham, Secret^. 

P' Alrichs, Nich. Ncwlin, 



164 MINUTES OF THE 

The Petition of Maj' Wm. Dyer that was Read y' last sitting of 
the Councill was againe Read. 

The Clark of New Castle County being present, and Informing y' 
Councill of y" favourable proceedure of y" County Court upon y" At- 
tachement of y° Goods of Maj" Wm. Dyer, at y' sute of Mathias Van- 
derhayden, in not granting Judgment, notwithstanding y' Petitioner's 
promise of appearance y'^ second Court after y"" proces served, and 
they being now better satisfied of his Estate and Residence in this 
(yovernm', W^ee doubt not but upon his application to them he will 
findc Speedy and Easey Redress. 

Vpon the Application of Thomas Hooton, who was desired y' last 
sitting of Councill to prove y'' Will & administer upon y' Estate of 
Chris. Taylor, he accepted ^"'same, upon this Request, that he might 
not be Continued Longer by the Councill then he would well dis- 
charge y^ same, the w'^'' y" Councill Granted. 

Sam" Carpenter was Returned to this board to serve as a member 
of Prov" Councill y^ Remaining part of y" time James Claypoolewas 
to serve. 

Part of a Scurrilous Invective Libel against Rob* Turner, a worthy 
member of this board, & foi'merly one of y" Judges for this Province 
and Territorys, w""^ very abusively reflected upon him in y^ Execu- 
tion of that Office, in such matter as to our Certainc Knowledge is 
most abominably false and untrue, was Read ; 

Wherupon it was unanimously agreed by all y^ members present, 
that all Convenient Speedy Course shall be taken for y" Discovering of 
y" forgers, or first Contrivers, as well as y^ Publishers of y' same, 
that they may be brought to Condigne punishment. 

Adjourned till tenn To morrow morning. 



At a Meeting of the Councill in the Councill Roome in Philadelphia 
y'U'^of y'T'nio., 1687. 

teesent; 
TIIOI\IAS LLOYD, Presid'. 

Robt. Turner, Jno. Bristow, Sam" Carpenter, 

Jno. Symcock, Nich. Newlin, Wm. Clark, 

John Cann, Griff. Jones, Wm. Markham, Secre. 

Pef Alrichs, 

Sam" Carpenter, y' was Returned yesterday by }'* Sheriff of 
Philadelphia County, to serve in Prov" Councill in y" Roome of James 
Claypoolc, for y'' Rcmayning time he was to serve. This day signed 
y" attest and took his place at y° Board. 

John Cann proposed in y^ behalfc of y* County of New Castle, y' the 
King and Gov" Concernc may not suffer for want of an Atturney 
(^en". The Councill take it in to Consideration, y' y° Province and 
Territories shall be supplyed as occasion shall Require. ;- 

Ord"' that Writts Issue forth for y" Choosing of two members of 
Prov" Councill, one for y* County of Kent, in y" Roome of John 



PROVINCIAL COUNCIL. 165 

Richardson, who for his non appearance according to Law and Char- 
ter, and his seeming unwillingness to serve, is Removed. 

The other for y' County of Sussex, in y" Roome of Maj' Wm. 
Dyer, who for not Clearing himsclfe of y' Charge against him within 
y" time allowed him, is Dismissed. 

Ord''' that if John Ecklcy refuses to accept ot the Office of Register 
Gen", y' the Presid' offer it to John Goodson. 

Adjourned till y" tenth of y" next Mo. 



At a Meeting of the Councill in the Councill Roome at Philadel- 
phia y^ 28"" 7 bre.,. 1687. 

present: 
THOMAS LLOYD, Presid*. 

Arth. Cook, Sam" Carpenter, John Barnes, 

John Symcock, Nich. Newlin, Robt. Turner, 

GrifF Jones, Edw** Green, Wm. Markham, Secre. 

Ordered that Thomas Ellis be put in the Comission for Register 
Gen", in y^ Roome of John Eckly, formerly appoynted for y^ same, 
and in Case Thomas Ellis Refuse it, y" President and Secretary are 
Irapowred to nominate and appoynt one. 

Adjourned till y" 25'" next month. 



At a meeting of the Councill in the Councill Room at Philadelphia 
r 18'" 9"" Mo., 1687. 

present: 
THOMAS LLOYD, Presid'. 

Arth. Cook, John Barnes, Jos. Growdon, 

John Symcock. John Bristow, Griffith Jones. 

Wm. Carter's Year of Sherriffiilty being Expired, y" Councill doe 
hereby nominate and authorise John Claypoole to act and be Sherriff 
for the City and County of Philadelphia, and y' y' Secretary upon 
his Returne, doe forthwith prepare a Comission accordingly, to Con- 
tinue till further Order, and y^ Presid' is desired to signe y^ same. 

Adjourned till To morrow. 



At a Meeting of the Councill in the Councill Roome In Philadel- 
phia the 19'" of y= 9'" month, 1687. 

present: 
THOMAS LLOYD, Presid'. 

Arth. Cook, John Bristow, Jos. Growdon^. 

John Symcock, Griff Jones, 



166 MINUTES OF THE 

Wheras we are Informed by Wm. Clark, a member of Councill 
for v" County of Sussex, y' y'' Comission of the Peace for y" said said 
County is Expired, it is therfore y° Request of this present Councill 
that y' Presid', w"' y* assent of y' present members, doe send to y* 
said County a New Comission by y*^ first Opportunity. 

The Presid' as aforesaid, is Desired to Supply Kent County also 
with a Comission, if occasion be. 

Adjourned till further Order. 



At a Meeting of the Councill in the Councill Roome at Philadel- 
phia y' 8'" IS"" Mo., 1687-8. 

present: 
THOMAS LLOYD, Presid'. 

Rob' Turner, John Cann, Jos. Growdon, 

Arth. Cook, Jno. Bristow, Sam" Carpenter, 

Jno. Symcock, Phi: Pemberton, Wm. Markham, Secre. 

Pef Alrichs, Griff Jones, 

Adjourned till 3 in the afternoon, or till further Order. 



At a Meeting of the Councill in the Councill Roome in Philadelphia 
y' 9'" 12"' Mo., 1687-8. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Robt. Turner, Griff. Jones, Joseph Growdon, 

Arth. Cook, Phin. Pemberton, John Cann, 

Jno. Symcock, Sam" Carpenter, Wm. Markham, Secre. 

Pef Alrichs, John Bristow, 

The Gov"^ Comission under y" broad Seal, unto Thomas Lloyd, 
Rob' Turner, Arth. Cook, John Symcock, & John Eckley, Impow- 
ring them, or any three of them, to be his Deputy or Leiftenant, was 
Read. 



At a Meeting of the Councill in the Councill Room at Philadelphia 
ye gth jgih Mo., 1687-8. 

present: * 

fl. Thomas*Lloyd, ~) 
I 2. Rob' Turner, j 

Councillors. <( 3. Arth. Cook, J> Dep*^ Gov'. 

I 4. .John Symcock, | 

{_5. JohnEcklej. J 



PROVINCIAL COUNCIL, 167 

f Peter Alrichs, Sam" Carpenter, 

Councillors <l ^^^^P\ Growdon, Phin. Pemberton, 

j John Cann, Griffith Jones, 

^_ John Bristow, Wm.MarkhamjSecref. 

The Rcturne of Kent County was Read, wherein was Returned 
Wm. Markham, to serve in Prov" Councill in the Roome of John 
Richardson; y" Returne was allowed by y'' Deputy Gov''& Prov" Coun- 
cill, & Wm. Markham accepted as a member of y*" Councill, attested, 
and took his place. 

The Petition of Thomas ClifTord was Read, Requesting Reliefe ; 
being poor, and Long served y" Councill as their Messenger, It was 
unanimously agreed by y" Deputy Gov' & Councill, that Each County 
shall pay him Twenty Shillings, forthwith, for his present Relief. 

Adjourned till further Order. 



At a Meeting of the Deputy Gov' & Councill in y" Councill Room 
at Philadelphia y'' SO'" of y" V Mo., 1688. 

present: 

I 2. Rob' Turner, | 

Councillors. <^ 3. John Symcock, J> Dep''' Gov'. 

I 4. Arth. Cook, | 

1^5. Jno. Eckley. J 

{Griffith Jones, Wm. Yardley, 

Sam" Carpenter, Barth. Coppock, 

Sam" Richardson, Wm. Markham, Secre. 

Four of >'° above mentioned Councillors were Returned by y' 
Sheriffs of their respective Counties, to serve as members of Coun- 
cill for three years next Ensuing, Viz' : Sam" Richardson for Phila- 
delphia, Wm. Yardley for Bucks, Barth. Coppock for Chester Coun- 
ties, Griffith Jones for Kent; the which Returnes v/ere accepted ; 
y* members Returned admitted, signed y^ Attest, and took their 
place. 

Adjourned till 9 to morrow in y^ forenoone. 



At a Meeting of the Dep*^ Gov' & Councill in the Councill Roomc- 
at Philadelphia y'' 31'" of y' 1" Mo., 1688. 

PRESENT : 

I 2. Rob' Turner, | 

Councill". <J 3. Jno. Symcock, )> Dep'^ Gov', 

I 4. Arth. Cook, j 

L5. John Eckley. J 



< 



168 MINUTES^ OF THE 

f Griffith Jones, Barth. Coppock, 

„ .,, J Sam" Carpenter, John Bristovv, 

Councillors. <; g^^„ p^i^.hyj.dson, Wm. Markham, Secre. 

l__Wm. Yardley, 

Wm. Clark's Letter to y^ Dep'^ Gov' and Councill, without Date, 
was Read. 

Luke Watson appeared and Presented himselfe as a member of 
Councill, Chosen j" last Election, for y" County of Sussex, but no 
Returnc being made Could not be admitted. 

The Complaint of y^Maj'' part of y" free-holders of Sussex Coun- 
ty against y" Sheriff, for not returning a Member they had Chosen 
to serve in Prov" Councill, was Read. 

John Hill presenting y" Complaint was Called in, and answer given 
him that it should have a Due Consideration, and Justice Don to 
y" County. 

Ord"* That franc. Cornwell, Sherriff of Sussex County, be Ord"* 
to appear before y'' Deputy Gov' and Councill y^ same day y* next 
Gen" Assembly is to meet, to answer y" Complaint above. 

Adjourned till y* 2^ of y^ next Mo., tenn in y* forenoon. 



At a Meeting of the Dep"^ Gov"" & Councill in the Councill Roome 
at Philadelphia y= 2" of y-^ 2'^ Mo., 1688. 

PRESENT : 

n- 1 

I 2. Robt. Turner, | 

Councillors. <( 13. John Symcock, )> Dep'*' Gov'. 

I 4. Arth. Cook, j 

1^5. John Ecklej, J 

f John Bristow, Wm. Yardley, 

1 John Cann, Barth Coppock, 

Councill". <^ Griff Jones, Jos. Growdon, 

1 Sam" Richardson, Wm. Markham, Secre. 
LSam" Carpenter, 

The Returne of JNev/ Castle County was Read & allowed off. 
Johannes D. Hacs was Returned to serve in Prov" Councill, but 
made not his appearance at y^ board. 
Adjourned till 3 in y' afternoon. 

POST MERIDL\M. 



fl. Thomas Lloyd, "^ 

I 2. Robt. Turner, | 

Councill. <( 3. John Symcock, ^ Dep'^ Gov', 

j 4. Arthur (>ook, | 

\^5. John Eckley, J 



PROVINCIAL COUNCIL. 



169 



pjohn Bristow, 
J Sam" Carpenter, 
Councillors. <^ Joseph Growdon, 
{ Wm. Yardley, 
[^Barth. Coppock, 
Adjourned till 9 to morrow in forenoon. 



GrifF. Jones, 
John Cann, 
Sam" Richardson, 
Wm. Markham, Secre. 



At a Meeting of the Councill in the Councill Roome the 2^ of y' 
2^ Mo., 1688. 

present: 



fl. Thomas Lloyd, ") 



! 2. 



Councillors. 



<;3. 

15. 



)> Dep*^ Gov'. 



Council!". 



John Symcock, 
Arth. Cook, 
John Eckley. 

f Griffith Jones, 
I Pef Alrichs, 
<^ John Bristow, 
I Wm. Yardley, 
l^Sam" Carpenter, 
Severall Petition were Read from y^ Inhabitants of their Respective 
Counties, Requesting y^ Prohibiting y' Exportation of Dear skins. 
They were Referred to the Consideration of a Comittee. 
Severall Orders of y' Last Legislative Councill were Read. 
The Comittee appoynted are Sam" Carpenter, John Bristow, Joseph 
Growdon, John Cann & Griffith Jones. 

Adjourned till 10 to morrow forenoon. 



J 

John Cann, 
Barth. Coppock, 
Sam" Richardsoa, 
Joseph Growdon, 
Wm. Markham, Secre, 



At a Meeting of the Councill in the Council) Roome in Philadelphia 

y* 4'" of y-^ 2'' Mo., 1688. 



Councillors. 



Councill" 



PRESENT : 

fl. Thomas Lloyd, 

I 2. 
<^ 3. John Symcock, 

j 4. Arthur Cook, 

^5. John Eckley. 

f John Cann, 

I Pet Alrichs, 
<^ Sam" Richardson, 

I John Bristow, 

l^Joseph Growdon, 
15 



1 



;> Dep'^ Gov*. 



Wm. Yardley, 
Barth Coppock, 
Sam" Carpenter, 
Griffi Jones, 
Wm. Markham, Secre. 



170 



MINUTES OF THE 



The Comittee appoynted yesterday, brought to this board their 
transactions, w* were Read & ffyled. 

The board debated upon sevcrall of y' Propositions y* Comittee 
presented. 

Adjourned till 3 in the afternoon. 

POST MERIDIEM. 

present: 

fl. Thomas Lloyd, "^ 
I 2. I 

Councill". <J 3. John Symcock, 

I 4. Arthur Cook, 
^_5. John Eckley. 

f John Bristow, 
I Joseph Growdon, 
Counciir. -^ Sam" Richardson, 

I Sam" Carpenter, 
l^Wm. Yardley, 

The Debate w"" began in y^ forenoon Continued. The Comittee 
was appoynted to draw up some bills in order to promulgation. 
Adjourned till 9 to morrow in y" forenoon. 



;> Dep'y Gov'. 
I 

J 

John Cann, 

Pet"" Alrichs, 

Barth. Coppock, 

Griffith Jones, 

Wm. Markham, Secre. 



<;3. 

I 4. 
15. 



At a Meeting of the Councill in the Councill Room at Philadelphia 

y' 5"" of y^ 2" Mo., 1688. 

present: 

f 1. Thomas Lloyd, "^ 

I 2. Rob' Turner, I 

John Symcock 

Arthur Cook, 

John Eckley. 
pSam" Richardson, 
] Peter Alrichs, 
<( Wm. Yardley, 
} John Cann, 
l^Sam" Carpenter, 

The Comittee brought in severall Bills Drawne up, y" w*^' were De- 
bated, and that they may be in a more Exact forme, they were Re- 
comended to y' Care of John Cann, Sam" Carpenter & Jos. Grow- 
don, as a Comittee, with y° Atturney Gen" to assist them. 

Adjourned till 7 To morrow morning. 



Councill™. 



Counciir 



)> Dcp'y Gov'. 



Rarth. Coppock, 
Griffith Jones, 
John Bristow, 
Joseph Growdon, 
Wm. Markham, Secre. 



PROVINCIAL COUNCIL. 171 

At a Meeting of the Councill in the Councill Room In Philadelphia 
y e"' of y' 2'^ Mo., 1688. 

present: 

I 2. Rob' Turner, j 

Councill". <J 3. John Symcock, ^ Dcp'>' Gov'. 

i 4. Arth. Cook, | 

Ip. John Eckley. J 

pSam" Carpenter. Jno. Cann, 

I Crifiith Jones, Pef Alrichs, 

Councill'^. <^ Jno. Bristow, Wm. Yardley, 

I Sam" Richardson, Joseph Growdon, 
l^Barth. Coppock, Wm. Markham, Secre. 

The Proposalls made to this board were severally Debated, as foU 
lowcth : 

1''. About fferrys. It is Referred toy'' Law in y'-Case made. 
2'"''. About Provision for y^ Poor. 

Resolved, y^ County Courts not having sufficient Power, notwith- 
standing y' 126 Law, to Raise money for a Stock to Defray necessary 
Charges of their Respective Counties, it is therefore ord"" by y^ Gov' 
and Councill, thatt a bill be prepared to Enable them to Raise y* same 
according to their discrestions, by w* means y' 32'' Law will be sup- 
plyed. 

3="^ About Selling of Rum to y'^ Indians. Ord"* y' y" Magestrates 
be Reminded to put y*" 15"" Law in Execution, both in y" Pro- 
vince & Territorys. 

4"''''. After a Considerable Time taken up in Debate about This 
proposition, it was put by. 

Adjourned till 2 in y" Afternoon. 

• POST MERIDIEM. 

PRESENT : 

f 1. Thomas Lloyd, "^ 
j 2. Rob' Turner, | 

Councill". <^ 3. John Symcock, )> Dep''' Gov'. 

I 4. Arthur Cook, | 

[_5. John Eckley. J 

f Sam" Carpenter, Griffith Jones, 

( Sam" Richardson, .John Bristow, 

Councill". "^ Peter Alrichs, Barth. Coppock, 

I John Cann, Jos. Growdon, 

\JWxn. Yardley, Wm. Markham, Secre. 

5thly. About Killing of Wolves. 

Resolved, y' y'= Gov' and Councill, when desired by y" Respective 
Magestrates of any Court, will grant their Order for y'^ Incourage- 
ing y' Indians to y' Destroying of Wolves beyond y" provision made 
tjy Law. 



172 



MINUTES OF THE 



6thly. About y" Strengthning the 169 Law about y' Transporta- 
tion of Dear Skins. Ord'*' a Bill be prepared for y" same. 
Adjourned till 7 To morrow morning. 



At a Meeting of the Councill in the Councill Roome in Philadel- 
phia y-^ 7"^ of y''2''Mo., 1688. 



;> Dep'^ Gov\ 

I 

J 

Joseph (^rowden, 
Sam" Richardson, 
Griffith Jones, 
Peter Alrichs, 
Wm. Markham, Secre. 



f 1. Thomas Lloyd, "^ 
I 2. 

CounciH". ^ 3. John Symcock, 

I 4. Arthur Cook, 

[_5. John Eckley. 

f Wm. Yardley, 
I John Bristow, 
Councillors. -^ Sam" Carpenter, 
j John Cann, 
l^Barth. Coppock, 

The Gov' of New York's Letter Directed to y" President & Coun- 
cill, bearing date y' 30* of March, 1688, with y' Coppy of y^ King's 
Ord' directed to y" Said Gov'', were both Read at this Board : it was 
Recomcnded to y'' Members of Councill to give their Oppinion 
thereon. 

A bill for Enabling Widdows and Administrators of Intestates, with 
approbations of y' Councill, &c. to dispose of part of y' Intestate's 
Lands towards y^ Defraying of Just Debts, Towards y° Education 
of Children and support of y' Widdows, &c. was y" first time Read. 

A bill for y° prohibiting y" Exportation of Dear Skins undressed, 
w"'out Certificate, as in y" 1 69 Law, and drest in qp wise, was y' first 
time Read. 

Adjourned for an Hour. 

POST MERIDIEM, the 7"' of y' 2^ Mo., 1688. 

PRESENT : 

f 1. Thomas Lloyd, "^ 

I 2. Rob'. Turner, 
Councillors. -^ 3. John Symcock, 

I 4. Arthur Cook, 

[^5. John Eckley. 

pWm. Yardley, 

I P' Alrichs, 
Councillors. ^ John Cann, 

I Barth. Coppock, 

l^Joseph Growdon, 

The Petition of Thomas Woollaston was Read, Requesting relief 
ag' Gramton for not obeying y" Decree of y° Prov" Judges, and 



I 

;> Dep*^ Gov'. 

J 

Griffith .loncs, 
Sam" Richardson, 
Sam" Carpenter, 
Wm. Markham, Secre. 



PROVINCIAL COUNCIL. 173 

forceably Entred into his house, & Driven his Cattle oti' of his 
Land. 

The Deposition of James Read, taken before Cornelius Empson, 
justiceof y"Peace,(w"'* witnesseth y'Thomas VVoolaston tendered pay 
to John Gramton, according to y^ Judge's Decretall Order,) was Read. 

A Certificate was Read, signed by John Richardson, Hen. Hol- 
lingsworth & David Richardson, Certifying y' y'^ said Woollastonhad 
at fernhook two Cows, one Bull, one horse. Bridle and JSaddle, valued 
by them at Eighteen pounds, w'^'' was tendered for y" satisfieino- of 
John Gramton, according to y^ Prov" Judge's Decree. The Judge's 
Decree aforesaid was Read. 

The whole Matter in Difference between Thorn. Woollaston and 
Jno. Granton, as a fore said, is by Ord' of this board Referred to y' 
Determination of the Judges at y' next Prov" Court, and notice to be 
sent to John Granton to appear there. 

The Petition of Wm. Guest ag' y" Sheriff of New Castle County 
was Read. John Cann accomodated y" Difference. 

Mordica Howell's Petition was Read, Craveing anOrd' for a Spe- 
ciall Court: he was Referred to y'' County Court. 

The Petition of James Fox in y" behalfe of y" Plymouth friends 
was Read, Requesting y" Confirmation of y' Road to y" Plymouth 
Tovvnshipp, w""'' was Laid out by an Ord' from this board. Orded that 
it shall Continue till altered by the Gov'' & Councill. 

The Petition of y*" Inhabitants of at y" Center of Philadelphia, Re- 
questing y" fayr to be Kept there. Answered the next fayr will be 
granted to be kept at y* Center. 

Adjourned till y^ y"" Ins', 9 in y° forenoon. 



At a Meeting of the Councill in y'^ Councill Room at Philadelphia 
y^-9"' ofy'^2''Mo., 1688. 

PRESENT : 

j 2. Rob' Turner, | 

Council. <^ 3. John Symcock, )> Dep'^ Gov". 

I 4. Arth. Cook, | 

\^5, John Eckley. J 

pSam" Richardson, Peter Alrichs, 
{ John Cann, Sam" Carpenter, 

Councill". ^ Joseph Growdon, John Bristow, 

I Gritfith Jones, Earth. Coppock, 

l^Wm. Yardley, Wm. Markham, Secre. 

The Petition of Henry Stretcher was Read, Requesting Relief ag'y° 
Sevear sentence of y° County Court of Sussex ag' him in an action ot 

"Evidently w*. 

15* 



174 



MINUTES OF THE 



Slander, wherein Wm. Clark was Plantive ag' him; the proceedings 
of y' County Court was likewise Read. 

Ordered that an Ord' be sent to y° Sheriff of Sussex County to 
suspend y" whipping of Henry Stretcher, w'^'' was part of the Sentence, 
untill y'^ "first day ofy'^ 4"' Mo., next. 

Adjourned for an hour and halfe. 

POST MERIDIEM. 

PRESENT : 

f 1. Thomas Lloyd, ^ 

I 2. Rob' Turner, | 

Councillors. <^ 3. Arthur Cook, J> Dep'" Gov'. 

I 4. John Symcock, | 

t5. John Eckley. J 

Sam" Richardson, Sam" Carpenter, 
Peter Aldrichs, Joseph Growdon, 

John Cann, Griffith Jones, 

Wm. Yardley, 

The bill for Enabling "Widdows of Intestates to Dispose of Lands 
was Read, with approbation, the second time. 

The Bill prohibiting y" Exportation of Deer Skins, &;c. was Read 
y*" Second time. 

The Bill for Continuing of y'' former Laws was Read y'^ first 
time. 

The Bill for Sale of Lands upon Execution to pay debts, being Ex- 
planatory and additionall to a former Law made at Upland, wherin 
Land were made Lyable to pay debts. Read y" first time. 

The Presid' was desired as being M'' of y' Rolls, that a bill might 
be prepared for y^ Indemnifieing of Gifts, Grants, & Conveyances of 
Land, and other writings w"*" were un recorded, or not Recorded ac- 
cording to Law, and that all bills and bonds may be free for y^ future 
that is under y" penalty of that Law. 

Adjourned till 7 to morrow morning. 



John Bristow, 
Barth. Coppock, 
Wm. Markham, Secre. 



At a Meeting of the Councill in the Council! Room at Philadelphia 
y^ 10'' of y*-' 2"' month, 1688. 



Councillors. 



Sam" Carpenter, 
Sam" Richardson, 
.John Cann, 
Joseph Growdon, 



PRESENT : 

fl. Thomas Lloyd 
I ii. Robert Turner, 
<( 3. John Symcock, 
I 4. Arthur'Cook, 
[5. John Eckley. 

Wm. Yardley, 
Barth. Coppock, 
Griffith Jones, 



1 
I 

)> Depty Gov'. 

I 

I 

J 

Jno. Bristow, 
Peter Alrichs, 
Wm. Markham, Secre. 



PROVINCIAL COUNCIL. 



175 



The President brought in a bill to this board for y* Indemnyfieing 
y' non and undue Recording of Gifts, grants and Conveyances, &€., 
w"' y" Exception Desired. Read y' first time. 

The bill of Supply was y^ first time Read. 

The Returue of y" members for Sussex County was Read and al- 
lowed, but it being Sent by water mist its being here in Due time. 

Adjourned till two in the afternoon. 

POST MERIDIEM. 



Councillors. 



present: 

1. Thomas Lloyd, "^ 

2. Robert Turner, I 
^ 3. John Symcock, 

I 4. Arthur Cook, | 

\J>. John Eckley. J 

Barth. Coppock. 

Sam" Carpenter, 

John Cann, 



)> Dep'> Gov' 



Sam" Richardson, 

Peter Alrichs, 

Wm. Markham, Secre. 



Joseph Growdon, 
Wm. Yardley, 
John Bristow, 
Griffith Jones, 

The bill for Continuing y° former Laws a second time Read. 

The bill for Enabling Widdows of Intestates to sell land, &c. 
Read a Second time. 

The Bill for inaking Lands Lyable to pay debts was Read a second 
time. 

The bill for Intrest read y° first time. 

Adjourned till two in y" Afternoon to morrow. 



At a Meeting of y® Councill in the Councill Room at Philadel- 
phia y^ 11"^ of y= 2'' month, 1688. 

present: 
fl. Thomas Lloyd, "^ 
I 2. Rob' Turner, | 

Councillors. <J 3. John Symcock, J> Dep*y Gov'. 

I 4, Arthur Cook, | 

\J>. John Eckley. J 

Joseph Growdon, 
John Cann, 
Pef Alrichs, 



John Bristow, 
Griffith Jones, 
Wm. Markham, Secrc. 



Wm. Yardley, 
Sam" Richardson, 
Barth. Coppock, 
Sam" Carpenter, 

The Petition of Abrah. Man was Read, requesting y^ Gov' and 
Councill to Order him a Rehearing in y° County of Now Castle, of 
y" Actions in w''*' Judgment passed against him in his absence, he 
being out of y" Government and knew not of their Comcncement. 
The Justices of y" Said County at his Returne had granted him an 



176 



MINUTES OF THE 



appeal to y" Pi'ov" Court, but y* Judges therof not thinking it Came 
Regularly before them. Refused the hearing of it. 

'riio bill for Supply was Read a Second time. 

The bill about Intrest was Read a Second time. 

The bill about y"" Records was Read a Second time. 

The Bill for Prohibitting y° Exportation of Deer Skins was Read a 
Second time. 

Adjourned till to morrow morning. 



At a Meeting of the Councill in the Councill Room In Philadel- 
phia y' 12"^ of y' Second Mo., 1688. 





present: 




Councillors. 


f 1. Thomas Lloyd, 
1 2. Rob' Turner, 
<^ 3. John Symcock, 
4. Arthur Cook, 
^5. John Eckley. 


> Dep'5' Gov^ 


Sam" Richardson, 
John Bristow, 
Barth. Coppock, 


Griffith Jones, 
Sam" Carpenter, 
Wm. Yardley, 


Pef Alrichs, 

Wm. Markham, Secre 



Abraham Man further Complayning of y*" Sevear and Irregular 
proceedings of y^ County Court of New Castle, by a Judgm' unduly 
obtained against him in his absence, upon y' Plaint of Alderman 
Ridges, by Sam" Jennings, his atturney,and without defence made in 
his behalfe. 

The Gov"' and Councill upon full hearing of this matter, have or- 
deined y' y° same Cause of action be heard over, and Determined ac- 
cording to Law, at y" next Prov" Court in Philadelphia, to be held y' 
24"' of y^ next 7"' month. 

It is Ordered likewise, that y" Cause of Action or Difference between 
Abrah. Man and Wm. Guest, and for w*"'' y' said Wm. Guest obteined 
Judgm' lately in y*" County Court of New Castle, and Execution there- 
upon againsty'^Said Abrah. Man, he being neither present, nor Deffence 
made in his behalfe, that y" same be heai*d and Tryed in y' said 
County Court ; The Second Court next Ensuing y" date hereoff. 

1. The Bill for Continuance of former Laws. 

2. The Bill for Enabling of Widdows of Intestates to sell Land. 

3. The Bill prohibiting y" Exportation of Deer Skins before being 
Exposed to Sale. 

4. The Bill to make Lands layablc to pay Debts. 
.5. The Bill for Legall Intrest. 

6. The Bill about Records. 

7. The Bill for Supply. 

The afore named seven Bills were the third time Read and unani- 
mously passed, in Order for ])romuIgation. 
Adjourned till further Order. 



PROVINCIAL COUNCIL. 



177 



At a Meeting of the Councill in the Councill Room in Philadelphia 
v" 10'" S'' month, 1688. 



Councillors. 



fl. Thomas Lloyd, 
I 2. Rob' Turner, 
•^ 3. John Symcock, 
I 4. Arthur Cook, 
[_5. John Eckley, 
Barth. Coppock, 
John Bristow, 
Wm. Darvall, 
John Cann, 



Dep'^ Gov'. 



J 

Sam" Richardson, 

Luke Watson, 

Wm. Markham, Secre. 



Wm. Clark, 
Jos. Growdon, 
Sam" Carpenter, 
Johanes D'Haes, 

Johannes D'Haes, who was Chosen a Member of Councill y' last 
Election, for y" County of New Castle, presented himselfe to this 
board, was attested, & took his Place. 

Luke Watson, who was y^ Last Election Chosen and Returned a 
Member of this board, but lying under a great Scandall & Infamous 
Reputation, was not admitted to sitt at this board untill he had Cleared 
himselfe thereofF, This day brought Certificate thereoff, w"'' was by y" 
board sufficient, and thereupon was attested, and took his place. 

A Comittee was appoynted to Receive proposalls for amendments 
upon y" bills. The persons Were : Sam" Carpenter, Sam" Richard- 
son, Wm. Clark, Wm. Darvall, John Bristow, Wm. Markham. 

Adjourned till y"" 12"' Inst', 7 in y'^ morning. 



At a Meeting of the Councill in the Councill Room In Philadelphia 
the 12'" of y' 3" Mo., 1688. 



present: 



Councillors. 



Joseph Growdon, 
Wm. Darvall, 
Joha. D'Haes, 
Barth. Coppock, 



It 

I 4. 



1 



)> Dep'^ Gov'. 

I 
I 

J 

John Cann, 

Sam" Richardson, 

Wm. Markham, Secre. 



Rob' Turner, 

John Symcock, 

Arth. Cook, 
5. John Eckley. 
Sam" Carpenter, 
Luke Watson, 
John Bristow, 
Wm. Clark, 

The Petition of Moses Aboab was Read, Complayning against John 
Day for Selling a Servant who now works at y" hoaw in y" Lower 
Countyes, and with whome y" said John Day had of his father in 
London, tenn Guinnies to teach him y" trade of a Carpenter, and be- 
»ildes, y' father paid for y'= said Servant's passage to Pennsilvania. 

Ord"^ that John Day appear at this board to answer y° Complaint 



178 



MINUTES OF THE 



above going, y' next second day, w"' will be y' 14* Inst., or at y« next 
Sitting ot" the Councill. 

Adjourned till two in y'' Afternoon. 



Councillors. 



POST MERIDIEM. 
present: 
ri. Thomas Lloyd, 
I 2. Rob' Turner, 
<! 3. John Symcock, 
I 4. Arthur Cook, 
LS. John Eckley. 
Johanes D'Haes, 
Luke Watson, 
John Cann, 
Sam" Carpenter, 



1 
I 
)> Dep"' Gov^ 

I 

J 

Wm. Darvall, 

John Bristow, 

Wm. Markham, Secre. 



Wm. Clark, 
Sam" Richardson, 
Joseph Growdon, 
Barth. Coppock, 

The Comittee presented to this board three bills w'*" was brought 
to them from y^ Assembly, with their Amendments thereon, (Viz' :) 
The Bill for Continuance of y" Laws : y' Bill Enabling Widdows to Sell 
Land, dec. The bill for 8 per cent, for a year's forbearance of money 
or goods. 

Adjourned till y" 14"' Ins', forenoon. 



At a Meeting of the Councill in the Councill Roome in Philadel- 
phia y^ 14'" of y^ S' Mo., 1688. 

present: 
fl. Thomas Lloyd, 
I 2. Rob' Turner, 
■^ 3. John Symcock, 
I 4. Arthur Cook, 
l__5. John Eckley. 

Joha. D'Haes, 
Sam" Carpenter, 
Sam" Richardson, 

Two bills, with their Amendments, were brought from y" Assem- 
bly by Two of their members ; one was to make land Lyable to pay 
debts, y' other about Recording deeds in y" Rolls Office. 

Adjourned till 3 in y*^ Afternoon. 



Councillors. 



Wm. Clark, 
Wm. Darvall, 
Luke Watson, 



1 
I 

J> Dep'y Gov'. . 

I 

I 

J 

Jos. Growdon, 
Barth. Coppock, 
Wm. Markham, Secre. 



POST MERIDIEM. 
present: 



Councill"*. 



I 4. 
L5. 



Thomas Lloyd, 
Rob' Turner, 
John Symcock, 
Arthur Cook, 
John Eckley. 



J> Dep*? Gov'. 



J 



PROVINCIAL COUNCIL. 179 

Wm. Clark, John Bristow, Wm. Darvall, 

Sam" Richardson, Sam" Carpenter, Johan. D'Haes, ^ 

Earth. Coppock, Luke Watson, Wm. Markham, Secre. 

Two members from y'' Assembly Came to y^ Councill with this 
Message. That y" Assembly Requested y' a Ccrtaine number of 
them in behalfe of y" whole, might have y^ previlege to Confer with 
y*" Councill about some affaires. 

Answered : That they might Come if they pleased, but first they 
should acquaint y" Gov'' and Councill of their business before they 
Can be admitted to a Conferrance. 

The Assembly Came with their Speaker, and was admitted: the 
Conferrence was Chiefly about their priviliges. 

Adjourned till 7 to morrow morning. 



At a Meeting of the, Councill in the Councill Room In Philadelphia 
y' 15*of y= 3" month, 1688. 

tresext: 

fl. Thomas Lloyd, "] 

I 2. Rob* Turner, | 

Councillors. <^ 3. John Symcock, ^ Dep'^' Gov'. 

i 4. Arthur Cook, | 

\^5. John Eckley. J 

Wm. Clark, Sam" Richardson, Sam" Carpenter, 

Wm. Darvall, Johan. D'Haes, John Bristow, 

Jos. Growdon, Luke Watson, Wm. Markham, Secre. 

Barth. Coppock, 

The Petition of Luke Watson was Read, against Henry Bowman, 
Ranger of y"" County of Kent, for his Killing y*" said Watson's Hoggs, 
pretending they were Strays. 

Adjourned to the Meeting house. 



At a Meeting of the Councill in The Meeting house in Phila- 
delphia. 

After Debateing with and Convincing y° Assembly w* Came to 
the Councill of their Irregular proceedings in severall matters, as 
their Charge against the Judges upon a Decree in y" Case of Gram- 
ton & Woolaston, as also their Complaint against John Bristow, &c. 
The Councill adjourned to meet againe in an hourc, in y" Coun- 
cill Room. 



The Councill Mett accordingly. 

A Summons was sent Directed to Thomas Clyfford, Messenger, 
for the Summonsing y° Subscribers of a Contemptuous Printing paper 



180 



MINUTES OF THE 



touching y' Keeping of y' fair at y^ Center, where it was Ordered by 
y' Gov' and Councill to be Kept. 

The Petition of Peter Gronendike was Read, setting forth his trou 
blein themannagement of the Estate of Cornelius Verhoofe, Deceased, 
as his Executor, begging Relief therein. 

Adjourned till Six to morrow morning. 



At a Meeting of the Councill in the Councill Roome in Philadelphia 
y* 16* of y' 3" month, 1688. 

PRESENT : 

Thomas Lloyd, "^ 
Rob' Turner, 
John Symcock, 
Arth. Cook, 
John Ecklej. 

F)arth. Coppock, 
Luke Watson, 
Wm. Darvall, 



Councillors. 



I 2. 

<;3. 

I 4. 
L5. 



Wm. Clark, 
Sam" Richardson, 
Johan. D'Haes, 



)> Dep'y Gov'. 
I 
J 

John Bristow, 
Sam" Carpenter, 
Wm. Markham, Secre. 



The Returne of y" Warr' granted yesterday for y" Summonsing the 
subscribers of y" Contemptuous printed advertisem' against Keeping 
y'^ fayre at y" Center, was made by the Messenger, and he attested 
that they were all and Each of ihem Summonsed, Severall of y' Sub- 
scribers Excusing themselves. 

The Dep'*' Gov' & Councill, after Reproveing them, did pardon all 
those who subscribed to what was Endorsed on y" back of one of y* 
printer papers. 

Adjourned till tomorrow, 7 in y^ forenoon. 



At a Meeting of the Councill in the Councill Room at Philadel- 
phia y" 17'" S'' Mo., 1688. 

PRESENT : 



C ouncillors. 



Wm. Darvall, 
Sam" Richardson, 
Joseph Growdon, 



f 1. Tho. Lloyd, 
I 2. 

^ 3. John Symcock, 
I 4. Arth. Cook, 
[_5. John Ecklej. 

Johan D'Haes, 

Jjuke Watson, 
Sam" Carpenter, 



1 

I 

>. Dep'^Gov'. 

I 

I 

J 

Wm. Yardlej, 

Wm. Markham, Score- 



PROVINCIAL COUNCIL. 



181 



Several! Petitions were Read tliis forenoon, and answers given to 
them. 

Adjourned till two in the afternoon. 



POST MERIDIEM. 



present: 



f 1. Thomas Lloyd, "^ 



Councillors. 



;> Dep*^ Gov^ 



■^ 3. John Symcock, 

I 4. Arth. Cook, 

\_p. John Eckley. 
Wm. Darvall, Johan. D'Haes, 

Sam" Richardson, Luke Watson, 
Joseph Growdon, Sam" Carpenter, 

The Assembly having two bills yett not Returned to this board, and 
the board Resolving to give no answer to any of their amendments 
untill they saw what would become of y° other two, 

Adjourned till 7 to morrow morning. 



J 

Wm. Yardley, 

Peter Alrichs, 

Wm. Markham, Secre. 



At a Meeting of the Councill in the Councill Room in Philadel- 
phia the 18*^ of >•*= S" Mo., 1688. 



present: 





f 1. Tho. Lloyd, 


"" 




2. Rob' Turner, 




Councillors. 


<^ 3. John Svmcock, 
1 4. Arth. Cook, 


> Dep'^ Gov^ 




1^5. John Eckley. 


J 


Wm. Clark, 


Sam" Carpenter, 


Wm. Yardley, 


Sanr' Richardson, 


Barth. Coppock, 


John Bristow, 


Gritlith Jones, 


Joseph Growdon, 


Peter Alrichs, 


Wm. Darvall, 


Johannes D'Haes, 


Wm. Markham, Sec' 


Luke Watson, 







The Gov' and Councill finding y^ fayr at Philadelphia happens t» 
be, as now held, on y" Latter days of y" Sitting of y" Gen" Assembly, 
which much Impedes the publick buisness of the Government, It i.s 
therefore Ordered by y"" Dep'^ Gov' and Councill, that hereafter it shall 
be Kept on y*" 20* day of y'= 3'' month. 

And it is further Ordered y' an Additional! fayr be Kept at Phila- 
delphia at y" Center, to be hold y" 30"' day of y" next Sixth month. 

Adjourned till 6'" to morrow morning. 



16 



182 MINUTES OF THE 

At a Meeting of the Councill in The Councill Room at Philadelphia 

y' 19* of y^ 3" Mo., 1688. 





fl. Thomas Lloyd, 


1 




1 2. Pvob' Turner, 


1 


Councillors. 


•^ 3. John Symcock, 
1 4- Arthur Cook, 


)> Dep'> Gov^ 
1 




1^5. John Eckley. 


J 


Wni. Clark, 


Wm. Yardley, 


Barth. Coppock, 


Wm. Darvall, 


John Bristow, 


Sam" Carpenter, 


Pet' Aldrichs, 


Sam" Richardson, 


Wm. Markham, Secre. 


Jos. Growdon, 


Luke Watson, 





John White & Thomas Wjnn Came to tliis board from y'^ Assem- 
bly, and proposed in their names, and as y^ Sense of y' whole As- 
sembly, That Six parts of Seaven of y" Gen" Assembly agreeing 
upon a Supply, That such Sanction and Establishment may be as 
Effectuall and binding as any Law in that Case, notwithstanding 
no previous bill prepared or promulgated for y" same. 

As to y" Request of y'' Assembly for Releif of Grievances, The 
Answer of this board is, y' the Gov'' and Councill will take all possi- 
ble Care to prevent such for y^ future. 

Adjourned to y*" Meeting house. 

IN THE MEETING HOUSE, whether y^ Councill did adjourn. 

After y' Reading of y'' Bill, with their Amendments, Viz': the 
bill for Continuance of y" Laws; The Bill Enabling Widdows to sell 
Land ; The Bill for Eight per centum for years forbearance of money 
or goods ; a Bill for Land to pay debts ; a Bill about Recording of 
Deeds in y'^ Rolls Office. Tliese five were passed into Laws. The 
Other two, Viz': y^ Supply, & that about Transportingof Deer Skins, 
were Rejected, After w'^'' the Assembly Dismissed, and Then 

The Councill adjourned back to the Councill Roome, Where 

The Petition of Luke Watson was a second time Read, Complayning 
against Henry Bowman, the Proprietary's Ranger, for Killing y^ said 
Luke Watson's Hoggs, under pretence of Strays. 

The Proceedings of y^ County Court of Sussex was Read, wherin 
Luke Watson had Indicted y* said Henry Bowman for Killing y^ afore- 
said Hoggs. 

Luke Watson and Tho. Wynn pleaded against y*" Ranger. 

The Renger being demanded to Reply to their accusation, made 
answer that he had had his Tryall, and had been Cleared by y" County 
of what was Alliged against him here, & therefore thought himselfe 
not obliged to answer any more to it; Yett if y^ Gov'' and Councill 
thought fitt to ask him any questions Relating to it, he would, if he 
Could, Resolve Them. 

Vpon The Reading of y^ Petition of John Richardson, in y' Behalf 
of his Sister Judith Roe, who had Sentence of Death passed upon her 



PROVINCIAL COUNCIL. 183 

y' beginning of this Mo. in a Prov" Court held in Kent County, 
Humbly beseaching that y" Gov"" would be pleased to grant y* said 
Judith Roe a Reprieve. 

It was Ordered that a Warrant should be sent to y° Sherriff to Sus- 
pend her Execution till further Order. 

Adjourned till further Order. 



At a Meeting of y'' Deputy Gov' & Councill In the Councill Room 
at Philadelphia y" 24'" of the 7'" month, 16S8. 

present: 

r Rob' Turner, T 

Counciir*. < John Symcock, t Dep*^' Gov'. 

(.JohnEckley. J 

John Bristow, Sam" Richardson, Wm. Markham, Secre. 

Barth. Coppock, Sam" Carpenter, 

The Election of Prov" Judges w'* by Law were this day to Keep 
Court at Philadelphia, was Debated, & having Considered y' the 
Broad Seal was by Custome to be affixed to the Comission, and y' 
y^ time would be Relapted before the Comission Could be Sealed, 
and y^ Court opened, they Thought it more safe not to Comissionate 
any rathe;- than to doe it after y'time appoyntedby Law for y^ Courts 
Sitting was past. 

Adjourned till tenn to-morrow morning. 



At a Meeting of the Deputy Gov' and Councill in the Councill 
Room at Philadelphia The 25'" of y'7"> month, 1689. 

present: 

r Rob' Turner, "J 

Councillors. < John Symcock, > Dep'^ Gov'. 

(_John Eckley. J 

John Bristow, Sam" Carpenter, Wm. Markham, Secre. 

Barth. Coppock, Sam" Richardson, 

Margarett ffisher, Widdow, of y" County of Sussex, Complayning 
that shee having appealed from y'^ Judgment of y" County Court of 
Sussex, where shee had Indicted one John Barker of y" said Coun- 
ty, for robing her and her son Thomas ffisher of three head of Cattle, 
and that shee was Come up according to her Security Given, to 
have it reheard in y'^ Prov" Court, but y" Court not sitting, nor y*^ said Bar- 
ker appearing in Philadelphia, She very much feared y' Said Barker 
would, before y^ next Prov" Court, make away with y^ said Cattle. 



184 MINUTES OF THE 

Ordered that y*" Secretary Send to y" Justices of Sussex County, in 
belialfe of Widdow ffisher, y' they doe her what right y' Law will 
allow to Secure the Cattle or the value, till it be reheard next Prov" 
'"ourt, in Regard thei'e were no Court at this time. 

After that John Symcock, one of y" Com" of State, was gon, the 
Petition of Henry Bowman was Read, setting forth y" hard usage of 
v' County Court of Sussex against him, wherein he was Indicted for 
takeing one hundred & fifty peeces of Eight ft'om one Stephen Pago, 
under pretence of his authority as being a Justice of the Peace, and 
niier y*" Court had given Judgm', they said Bowman, whereupon y* 
Said Bowman Requested y'' Court to grant him an appeal to the 
Prov" Court, but the Court Refused to grant it; Therefore, humbly 
Hequests this board to grant him an Order for an Appeal, or for a Re- 
liearing of y" Cause in the same Court it was before tryed in. 

The present Members takeing it into Considei-ation, and in regard 
they had not a sufficient number to make a Quorum, whereby to Draw 
a jiossitivc Order thereon, Did therefore agree that their advice in this 
matter may be writt to y" Justices of Sussex Countv, according to 
ihcir Opinions, w'''' was y' they ought to have granted him an Appeal, 
and that they Suspend the Execution of their Sentence till they hear 
further from this board. 

Ord*^- That a Coppy of the Laws past the Last Gen" Assembly be 
forthwith sent to y* Clarks of y" Respective Counties, in Order to 
their publication. 

Ord*^ That two Comissions be drawne for Coroners, one for George 
White, for y'' County of Bucks, an other for Thomas ffitzwater, for 
lhe County of Philadelphia. 

The Petition of Sam" Burbury was Read, Requesting y^ Office of 
Sherriff of Kent County, hut y" board thought him not Capable. 

Ordered That y" Secretary take sufficient Security of y'' Last 
Shcrrift", Comissionated for y" true performance of his Office. 

Adjourned till further Order. 



At a Meeting of the Deputy Govern'' and Provinciall Councill in the 
C!ouncill Room at Philadelphia the 18'" of the Tenth Mo., 16S8. 



PRESENT : 



f Tho. Lloyd, 1 

I Rr.K' T.ivr.r.v I 



ri -iirs J R'>b' Turner, . -p, ,., ^ . 

Council. ^ ^^^^^^^, ,,^^^^ y Dep'> Gov^ 

l^John Eckley. J 

John Bristow, Sam" Carpenter, Sam" Richardson, 

Joseph Growdon, Griffith Jones, Wm. IMarkham, Secre. 

The Dep''' Gov' and Councill having Yesterday Notice of the Ar- 
rivall here of Capt. John Blackwcll, with a Comission for his being 
(xovernour of this Province and Counties annexed, from the Proprie- 
tor and (^ov'', 'Ihey mett this fforenoon to give him y" op})ortunity of 



PROVINCIAL COUNCIL. 185 

Communicating y' Same to them, the which being don, and y"^ Com-- 
mission Read, it was unanimouslj acquiesced with. 



MINUTES OF COU1VCII.L,- 

COMENCING DECEMBER y'' 18"" 1688. 



At a Councill Then in y' Councill room at Philadelphia. 
present: 
Capt. JOHN BLACKWELL, Gover\ 

f Rob'**rurner, Sam" Carpenter, 

Members of J John Bristow, Grif. Jones, 

Councill. j Jos. Growdon, Sam" Richardson, 

l^Arth. Cook, Wm. Markham, Sec". 

An Order from y* Councill Chamber at Whitehall was Read, bear- 
ing date y"" 10"' day of June, 1688, directed to y" Proprietor & Gover", 
willing & Requiring that Proclamation be made throughout his Go- 
vernm' to appoynt dayes for Solemn thanksgiving to Almighty God, 
and other Publick Rejoycing, ffor his Inestimable blessing to his Maj'' 
Kingdoms and Dominions, by y" birth of a Prince. 

It was Ordered that Proclamation bo forthwitli Issued out to Each 
County within this Governm' for y^ same, and that The day of So- 
lemnisation for The County of Philadelphia be on y'' 26"' Ins', and in 
y° Couutys of Bucks, Chester, New Castle, Kent & Sussex, vpon y'' 
next ffirst day of y*" Week after y^ Publication, provided j" said Publi- 
cation be Three days before the Solemnisation. 

Order'd that y'' Kind's Proclamation For The more Effcctuall Re- 
ducing & Suppressing of Pirates and Privateers in America, bearing 
Date at Whitehall, y*^ 20"' day of January, 1687-8. be forthwith pub- 
lished. 

Adjourned Till ffurther Order. 



16* 



186 MINUTES OF THE 

At The Councill-room in Philadelphia The 11"' of y-^ 11"" Mo., 
1688-9. 

The Gover'' having given order for y" Councill to meet this day, 
There mett as fFolIoweth : 

JOHN BLACKWELL, Esq\ Gov'. 

Wm. Darvall, Sam" Ricliardson, Wm. Markham, Sec"^. 

(Trif. Jones, Sam" Carpenter, 

The w'^'' number not being Sufficient to proceed vpon business. 
The Governour Appoynted the 14"' Ins', at 9 in y' fforenoon, for their 
Meeting, and in y'' meantime, that notice be given to as many ot The 
Members as possible, that there may be then a Sufficient number for 
a Quorum. 



At a Meeting of The Councill in the Councill-room at Philadel- 
phia, y' 14"' of y' IT" Mo., 1688-9. 

PKESEIVT r 

.JOHN BLACKWELL, Esq'., Gover\ 

Rob' Turner, Sam" Richardson, Wm. Darvall, 

Sam" Carpenter, Grif. Jones, •» Wm. Markham, Sec''. 

The Gover' Inquires for y° blank Parchments, signed by y' ChiefF 
Proprietor & Gover'', and sent to y° Presid' and members of y' Pro- 
vmciall Councill, in a Letter bearing date y' 16'" day of y" Sixth Mo., 
1684, for drawing vp an Instrument by w* to Confirme & make as 
valid all Patients and Commissions that ought to be vnder y' Great 
Seal, as Lands, &c.:Impo\vring of Thomas Lloyd Keeper of y' Broad 
Seal, to putt y'= said seal to it in their presence, &c., and what has 
been don therevpon. 

It was vpon Debate of y" Question, resolved and Ordered That 
Sam" Carpenter & Wm. Markham wayte on y" said Thomas Lloyd, 
to Inquire after y"" aforesaid Blank Parchment, w'^" was said to have 
been Delivered to him, and if the same were in his Possession, to 
Desire he will by Them send, or if he please, bring it to this board at 
their next sitting, appoynted on y" next 5'" day of This week, at Tenn 
of y* Clock in y" fforenoon; and if he hath it not, to Desire he will In- 
ibrmethcm where and in whose hands y" same is, and who last had it 
tlrom him. 

Vppon y'' Gover"^ Reading a Coppy of a Lctf ffi-om y' Chief Pro- 
prietor & Gover', bearing date y= 6'" of y' 4'" Mo., 1687, Directed to 
3'" .5 Commiss'"' of State, wherein the Chieff Proprietor & Gov' ac- 
quainted them that he had little more to say to them then he had 
< 'ommuncated of his mind already in a former Lett' by Ew'^ Black- 
fan, w"'' Iniplyed the same Conteined matter of Publick Instruction 
lo y° said Commiss". 

The Gover' moved This board to give Their advice whether it was 
not necessary v" said Lett' sent by Blackfan, should be produced to 
him, he l)ning Referred by his Commission to y" Instructions and 



PROVINCIAL COUNCIL. 187 

jjCtt" sent both to y'' Presid' & Councill, and to y^ 5 Commiss" of 
State. It was vpon y'' Question, Resolved and ordered that y" afore- 
going minute touching the same, be given Likewise in Charge to 
Sam" Carpenter & Wm. Markham, to acquaint y' said Thomas 
Lloyd therewith, and to Desire if he hath that Letf he will be pleased 
to Impart it to y^ Gover'', or if he have it not, that he will Informe in 
whose hands it is. 

The Gover' moves y" Councill for their advice and Direction 
whether all originall Letters & Instructions Relateingto y" Governm', 
Sent by y*" Chiefl' Propr' and Gover'', Either to y'' Commiss" of State, 
or to y*" Presid' and Provinciall Councill, in whose hands soever they 
Ly, ought not to be delivered into y*" Custody of y" Secretary : and 
also, that such parts of other Lettei's to any of Them as Concerne 
matter of Instruction as aforesaid, be transcribed and Attested by y* 
flirst Commiss'' of State therein named, or by y' Presid', to y" Prov" 
Councill respectively, and Delivered to y' Secretary,, to Remaine in his 
Office iTor Publick Direction, y" Secretary giveing Rec'' tfor y" same : 
y^ question being putt, it was Resolved in y" affirmative, and Ordered 
tliat The Keeper of y^ seal be acquainted with the same, as aforesaid, 
and that his Complj'ancc therewith is desired by The Gover'. 

Ordered That y'' Sherritfs of j" Respective Countys within this 
Province & Countys annexed, be sent to to acquaint their members 
of (Councill that one of Them Successively Monthly give their attend- 
ance vpon y'^ Gover'", according to Law and Charter.. 

Adjourned till y" 17*^ Ins", 9 in y" forenoon. 



At a Councill in The Councill Roomc at Philadelphia y^ 17"" of y^ 
11"' month, 1688-9. 



JOHN BLACKWELL, Esq., Gover'. 

Rob' Turner, Grif Jones, Sam" Richardson, 

Sam" Carpenter, "Wni Darvall, Wm. Markham, Sec""^. 

The Keeper of y^ broad Seal, according to y'' minutes at last sittings 
brought y*" blank parchment and Lajd it downe before y" Gover' & 
Councill, to be Disposed of as this board Should see meet. 

As to y^ Letter sent from y^ Chief Proprietor & Gover' by Edw'^ 
P>lackfan, directed to y" 5 Commissioners of State, 

Tlie Keeper permitted the Govrno' to Read some parts thereof, and 
promised that a transcript of y' part, or so much of it as is Convenient 
tor y" Gov"^ Instruction, should be this day delivered to him. 

As to y' Delivery of y^ Originall Letters or Instructions, or part of 
Letters that Concern publick Instruction for y^ Government, y" Keeper 
Desired some time to have Conferrence first w"' y*" Rest of y^ Com- 
miss" of State, and other members of the Provinciall Councill to whome 
they were respectively Directed, to have their Sense about it, and. 
would Returne their answer as Soon as he Could. 



188 MINUTES OF THE 

The Petition of Martha Moon was Read, w"" y' Coppy of her De- 
ceised husband's Will, w"^ was Referred to y' Common Law. 

The blank parchment a fore mentioned, left with this board by y* 
Keeper, being of no present vse and Conceived unsafe to Remaine 
in any hands as a blank, was by an Vnanimous Consent of y' Gover' 
and Provinciall Councill, thought ffitt to be Cancelled. Resolved and 
Ordered y" Same to be Cancelled, and it was accordingly Cancelled 
in their presence, by y" hands of y'^ Keeper. 

Ordered that Two days in a Week, viz: Every Second and ffifth 
day. Shall be y'= days for y' Sitting of y^ Councill, between nine & 
tenn in y" forenoon, and that Speedy notice thereof be given by y' Se- 
cretary to y" severall members of y' Provinciall Councill, and that 
they be desired to give their respective Attendance on y^ Govei-', ac- 
cording to y' Constitution and Laws in that behalfe. 

The Gover'' having sent a draft of Commission to y^ Keeper for au- 
thoriseing Justices of y" peace & holding County Courts ffor Phila- 
delphia, with his Warrant for passing y^ Same vnder y* Great Scale, 
w*^"" was Returned vnto Him by y^ Keeper and produced and Read in 
y^ Councill, together with the Keeper's answer made therevpon, w'^'" 
Imported hij Refusall to pass y*" Same, The Gover' Declared he should 
Issue Commissions in that ffonne vnder y^ Lesser Seal, and Signifie y' 
Same to y' Proprietor, as not being Satisfyed w"" y'' Grounds of his 
refusall, and proposed y*" names of y" persons therein named for Jus- 
tices to y'' Councill, to Know if they had any ground of Exceptions 
against any of Them. 

Adjorned till y^ second Day of y" next week, being y'' 21 Ins', at 
9 of y° Clock in y" forenoon. 



At a Councill in y' Councill Room at Philadelphia The 21* of v° 
11'" month, 1688-9. 

present: 
JOHN BLACK WELL, Esq'., Gover'. 
Rob' Turner, Wm. Darvall, Griff. Jones, 

Sam" Carpenter, Sam" Richardson, AVm. Markham, Sec'-''. 

The Gover' Inquires whether y*" Secretary, according to an Order 
y' Last Sitting of Councill, hath given notice to y" severall mem- 
bers of y'^ Provinciall Councill that they were desired to give their Re- 
spective attendance on y' Gover', according to y^ Constitution and 
Laws in that behalfe. 

The Secretary answered that y* Orders were all Ready written, but 
for want of Opportunity and a Common Stock to defray y'' Charge of 
a messenger, they were not yctt gon out: wherevpon Wm. Darvall 
& Griff. Jones, members of The Provinciall Councill, being to take a 
jorney to y" Southward, undertook The Care of That matter in y^ ffour 
Counties, Viz': New Castle, Kent, Sussex and Chester. 

The Gover' Enquireing by what Law or warrant goods Came to be 
transported out of This Province, &c., to any other Countrys or parts, 



PROVINCIAL COUNCIL. 189 

Except to England, w''' seemed to him to be prohibited by y" King's 
(xrant, Sam" Carpenter moved y' pattent might be Read, w'^ was ac- 
cordingly don, and y" same being not Cleare to y" board for giveing 
resolution in y° Case proposed, it was suggested that y'' Laws of 
England allowed it, and it was y" Common practice of all y" Planta- 
tions. 

Some Clauses were read out of y^ book Conteyning acts about Cus- 
toms, &c., w'"" not Clearing it, the Gover' took The book w* him for 
his pervsall, and that debate was referred, & adjorned to y" next 
Sitting of Councill. 

adjorned Till y" next fifth day, being y* 24"' Ins', 9 in y" fore- 
noon. 



At a Councill in v" Councill Room in Philadelphia the 24* of 
y' 11"^ month, 1688-9. 

present: 
JOHN BLACKWELL, Esq^, Gover\ 
Rob' Turner, Sam" Richardson, Grif. Jones, 

Sam" Carpenter, Wm. Darvall, \N'm. Markham, Sec'^. 

The Minute of Councill y' was Debated y° Last Sitting, touching 
transportation, &c., was Reassumed, and after a ffuU debate, it not 
appearing very Clear that v" King in his Charter had given Liberty 
to this Province to transport y" Merchandize that shall arrise by y^ 
ffruites and Commodities thereof, to any Place unless to England, it 
was Resolved & Requested that y" Gover"" represent to y* Chieff Pro- 
prietor & Gover' y" said Debate, in order to his Consideration. 

Vpon y" Reading of y^ Petition of Wm. Markham, Setting fForth 
that one in Holland Drew a bill upon John Moll of New Castle Coun- 
ty, within this Government, payable to y° Chief Proprietor & Gover', 
and y^ said Moll was about alienateing or making over his Estate, and 
Leaveing the Province without payment of y° said bill, or Security 
given for y" payment Thereof: 

It was therefore Ordered, that y" Attorny Gener" Draw vp an 
Instrument to Stopp fTurther proceedings m that Court, and to trans- 
mitt y" Cause, with all their proceedings therein, to y° Governourand 
Provinciall Councill, there to be heard and Determined. 

Adjorned till v'' next Second day, being y' 28"' Ins'., 9 in y^ fore- 
noon. 



In y' Councill Room at Philadelphia The 28"' of y"' 11* Mo., 
16S8-9. 

present: 
JOHN BLACKWELL, Esq'., Gover'. 

Rob' Turner, Sam" Carpenter, Wm. Markham, Sec'^. 

Sam" Richardson, 



190 MINUTES OF THE 

The Returne of y* order of Councill, bearing date y" 14"' Ins', 
made by y' Sherriffof Chester County, was this day read, giving an 
acco' that he had Executed y' same y' 27 Ins'. 

ffbr want of a Sufficient Number of y" members of Councill they 
Could not proceed vpon business of moment, w*^ occasioned their 
breaking vp to meet y^ next Councill day, being y' 31" Ins'., after Ex- 
pecting y° members above two bowers. 



In The Council! Room<^ at Philadelphia The 31^' of y^ll Mo., 
1688-9. 

present: 
JOHN BLACKWELL, Esq^, Gover^ 

Rob' Turner, Sam" Carpenter, Wm. Markham, Sec'^. 

Sam'' Richardson, John Symcock, 

There not being a Sufficient number of y'^ members of Councill to 
proceed vpon business of moment, after about Two hours Staying 
they broak up. Sam" Richardson, before they broak up, motion'd 
that The order of This board that was granted at their Last Sitting 
vpon y^ Petition of Wm. Markham, was Contrary to Law ; but vpon 
Examination of Severall papers produced by y'' said Wm. Markham, 
that opinion was Removed, and y'' Order allowed to proceed. 



At a Councill in y' Councill Roome at Philadelphia, y^ ffirst of y' 
Twelveth month, 1688-9. 

present: 
JOHN BLACKWELL, Esq^, Gover'. 

Rob' Turner, Sam" Carpenter, Barth. Coppock, 

Sam" Richardson, John Symcock, Wm. Markham, Sec"^. 

The Governo'' Inquired if the Letters & Instructions mentioned in 
y^ Order of This board Dated y^ 14"^ of 11 month, 1688-9, were 
brought to y' Secretai^'s Office, according to y*" said Order ; w'^'' being 
not done. It was Resolved and Ordered that y* Secretary wayte on 
y' Keeper of y^ Great Scale to putt him in minde thereof, and to de- 
sire that he would take Care y*^ same be done before his going to New 
York. 

The Keeper haveing acquainted y' Gover"" with his Intentions to goe 
to New York some time y' next Week, the Gover" Desired y' advice 
of this board whether it be not ffitt, before he goes out of this Province, 
that he bring y^ broad Scale to this board, there to be left to be made 
use off" (if there shall be occasion) During his absence. It being putt 
to y' Vote, it was Resolved in y" affinnative. Butt John Symcock, a 
member of this board, Declarcing his opinion y' y*" Keeper ought not 



PROVINCIAL COUNCIL. 191 

to absent himselfe from being in a Readyness to Discharge his great 
Office & trust of y^ Great Scale, & moveing and desireing for his and 
others' Satisfaction, that a question might be putt whether y' Keeper 
Should be permitted to depart out of This Province during the Time 
he is Keeper of y'^ broad scale ; It was Resolved in y= affirmative, that 
he might be permitted, he leaveing y^ Scale with this board, and that 
y^ Secretary acquaint him with these Resolves. 

John Bristow, a member of This board for y" County of Chester, 
being newly Come to Towne, Came into Councill. 

The Gover" proposed to John Symcock, Jo" Bristow & Earth. Cop- 
pock, (members of y' Provinciall Councill for y" County of Chester, 
being all present,) that they would agree amongst themselves y' order 
and Course of their future attendance in Councill, and Siffnifie the 
Same to y^ Secretary, to y" End it might be Knowne whome to Expect 
on all occasions. John Symcock positively declared he would not at- 
tend that service any ffiirther, and left it vpon y" other two. 

A Petition was Exhibited by Thomas Woollaston Complayning'y' he 
was Kept out of Possession of Some Estate of his: the Consideration 
thereof was adjourned to y^ next meeting in Councill, Viz: on y*" Se- 
cond day of the next Week, being y" 4* Inst. Mo. 



In y' Councill Room at Philadelphia The 4* of y' 12 month, 1688-9. 
present: 
JOHN BLACKWELL, Esq^, Govef. 

Sam" Carpenter, Barth. Coppock, Wm. Markham, Sec'^. 

Sam" Richardson, John Bristow, 

Not a Quorum at halfe an hour past Eleven, wherevpon they De- 
parted. 



At a Councill in y' Councill Roome at Philadelphia y' 7* of y' 12'" 
Mo., 1688-9. 

PRESENT : 

JOHN BLACKWELL, Esq\, Govern 

Robt. Turner, Arth. Cook, Sam" Carpenter, 

Sam" Richardson, Barth. Coppock, Wm. Markham, Sec"'. 

The Secretary reported to this board y' according to their Order of 
y^ ffirst Ins', he had wayted on y^ Keeper of y^ broad Scale, 6s ac- 
quainted him with y' Two Resolves then past upon y*" Gover™ 
being informed by y" Keeper of his Intentions touching his going to 
New York, and gave him a transcript of the Same Resolves, and that 
thereupon y*" Keeper Replyed that he would Returne his answer y'' 
next Time y° Councill satt, Desireing the Secretary to give him notice 
when that Should be, that he might attend them. Wherevpon the 



192 MINUTES OF THE 

board Ordered that notice Should be given him fforthwith, of Their 
being inett in a ffull Councill. 

The Keeper being Come, was desired to sitt downe by y" Cover', 
Avho acquainted him that y' Secretary having Informed the board that 
it was his Desire to Know of their meeting, in Order to his giving his 
answer to y' Resolves touching y" Great Seal's Disposall in his ab- 
sence, & Desireing to Know what his Intentions were in that matter, he 
said he had prepared a Paper to have left bchinde him in Case y'^ Coun- 
cill had not Satt before his going, &c., which paper he ofTerred to their 
Consideration, haveing that opportunity for it; and y*" Gover' desireing 
y" Secretary might Read it. The Keeper Insinuating that there might 
be some mistakes in y" writing of it, w"^ he had not had time to Cor- 
rect, it was proposed by y' Gover'' that he might have tfurther time, if 
he pleased, to satisfy himselfe therein before it was Read ; to which 
he answered he would Read it himselfe to y' board, and accordingly read 
the same;* Wherevpon y" Gover" directed, if that were his answer, 
that he would signe it &, deliver it to y^ Secretary, to be Considered 
in his absence, withall giving his opinion that it was in his apprehen- 
sion a high Reflecting vpon and arraigning y' board, or Some of them, 
& in a Libellous manner Chargeing them with unwarrantable practices 
in their proceedings in that matter, Yett makeing a Distinction, as if 
it had been the act of a prevaling party, w""*" being debated and Con- 
sidered amongst themselves, it was at last agreed that he should be 
acquainted that if he had any thing else to give in as his answer, he 
had liberty, and might take his owne time to give it in. lie desired 
that might be Entred by y" Secretary in y^Same book where those 
Resolves were w""" had been sent to him, w'^*' was Directed by y' 
board to be don accordingly, and that y' Secretary Should deliver him 
a Coppy of it, as he also desired, w"*" the Gover'' told him he would 
transmitt, together v/* what Else had passed, in writing, between y' 
Keeper and himselfe, Submitting y" whole to y' Proprietor's Consider- 
ation. 

Vpon y" Potion of Thomas Woolaston to y" Gove/ & Councilb 
praying relief against a forceablc Entry & Dctciner in y'^ County of 
New Castle, It was Resolved that a warrant be drawne, directed to 
such Justice or Justices of y^ peace fTor that County Dwelling nearest 
to y" place where y" fforce is alleaged, as he should apply to and Re- 
quest in that behalfe fforthwith to Repaire to the house and Lands in 
his Petition mentioned, to View The said fforce, and ffinding any, to 
Remove the same; and if they flbund none vpon their View, to Re- 
quire the Sherriff of y^ Said County to Returne a jury to Enquire 
thereoff whether any was, and by whome made or Continued, & to 
ffine and Imprison the offenders, & Therevpon to restore y' quiett pos- 
session to y" Petitioner, and to make a Returne of The same to y* 
Clark of The County Court, to be Entred in the Records of The said 
County. 

The Petition of Rob' Turner, John Tissick, Thorn. Budd, Rob' Ewer, 
Sam" Carpenter, & John Fiuller, was read, setting forth their designe 



The paper alluded to will be found on page 193, marked 0^. 



PROVINCIAL COUNCIL. 193 

in setting up a bank ftbr money, &:c., Requesting Incouragement 
ffrom the Govcr'' & Councill ffor their proceeding therein. The said 
Rob' Turner & Sam" Carpenter, two of The said Peti", being present 
& constituting y" present Councill, and besides whom there were but 
four more present, The Gover' acquainted them that some things of 
that nature had been proposed & Dedicated to y" proprietor, by himself, 
some months since, out of New England, to which he believed he 
should receive his answer by y" ffirst Shipping bother out of England : 
Yett withall acquainted them that he did Know no reason why they 
might not give their personall bills to such as would take them as 
money to pass, as merchants vsually did bills of Exchange, but that 
it might be suspected that such as vsually Clipp'd or Coyn'd money, 
■would be apt to Counterfitt their bills, vnless more than ordinary 
Care were taken to prevent it, which might be their Ruine, as well as 
y' people's that Should Deale with them. 

(f^ To The Peesext Goverxo' A^^D members of the Pro- 

VIXCIALL COUXCILL. 

THOMAS LLOYD, Keeper of the broad Seal, with due Regard pre- 
senteth these following lines : 

Vpon the pervsall of two Resolves passed by you in Councill y'* 
1"" Ins', & Delivered me by ord'' this morning, (being the ffourth day 
Since,) I am much Concerned that such an Entry, so destructive of 
Right, and inconsistent with property, should be ffound vpon your 
book. You have, as much as in you Lay, introduced an ill precedent 
of disposeing Arbitrarily the most Eminent Estate for life as yett de- 
clared in this Governm', and this was done the Cause vnheard : 
Whereas, no ffreeman here ought to be Condemned or Concluded to 
his wrong without his answer, provided he doth not wilfully absent 
himsclfc ; and liurther, it is apparent by y" Conclusion of your Order, 
that it was not Intended by y'' wording of the same, that I should be 
admitted to my Defence, but to be made only acquainted w'"" your De- 
termination therein, and so to abide by it as an Irrevocable Sanction, 
I might with a great Deal of reason, vnder the generous Constitution 
of this Province, Sooner Expected a Confirmation of y^ Liberties of 
Estates tfrom you then Such a procecdurc, in no wise to be Coun- 
tenanced. 

Your Seat is a high jurisdiction, and the higher it is the more just 
and honourable ought its proceedings to be, and so give Examples of 
Justice to Infcriour Courts. Violent Courses, and hasty, precipitate 
CounccUs, will Slowly and meanly Commend y" policy of their Au- 
thors : I wish for the {future, that no Sinister designe, passion, or 
male conduct may so Influance or hurry any of the Sincere minded 
of you as to act unbecoming y" wisdom and dignity of the place. 
You have dealt vnkindly by me ; and not only so, but you have digged 
Decpc, tho' vnawares, I am perswaded, to Sevcrall of you, to lay a 
foundation whereby to ground a misdemeanour against mc vpon a Con- 
jectured non complyance with your Resolves, and this being a per- 
sonall matter, and of great moment, you have done by y" Lesser 
number, and that by Vote, being vnwarrantable by Law & Charter. 

17 



194 MINUTES OF THE 

Tlic duty of my place is to advise, and with you to Endeavour that 
nothing be attempted by any person or persons here, to y" Subver- 
tion of y" tframe of Governrn' ; had you well understood & Considered 
the matter before you, the Tenure of y" Custody and y'' Station of 
The Officer, I should not have been thus treated by you. My Rc- 
<juest is before I make my particular answer to two or Three posi- 
tions w'^'' might Lead into this act. That you Order Either the afore- 
said Resolves to be Kaz'd out or Cross'd, in y^ Councill book, as being 
such which are not to be drnwne into Imitation, you disposing y* 
Custody of y'' Seal without discoursing or giving Notice to y" Keeper 
to appear, who hath affixed Estate therein; Otherwise, that this wri- 
ting may be Entred with you as a soft, Tho' sound memoriall, against 
such an undue proceeding. I may say as vpon a fFormer harsh and 
hardly warrantable attainder of a person vnsought and vnsent ffor, 
Auferat Obliuio Si potest si non ut cunque Silentiam togat. Lett 
such methods be covered with Silence or buryed in Oblivion. My 
love to 5''Gover'', people, and their Sincerity, hath made me Serve them 
ChearfuUy Sometime. I have Endeavoured their good, tho' I might 
ffayle in effecting of it. I may have witness in Some breasts, that I 
have more injured myselfe and flamily then any persons just Intrest 
vnder my notice. I have been a great Drudge In my Sphere, but 
not so abused an one afore. Be pleased to be tender of Right, and 
left not y" Royall Law be forgotten, of doing vnto others as you 
would have (Such) others doc vnto you. 

Philadelphia, The 4* Ins*., 12 Mo., 1688-9. 



In The Councill Room at Philadelphia The 11'" of y^ 12 mo., 
1688-9. 

PRESET^'T : 

JOHN BLACKWELL, Esq^, Gover^ 

Arth. Conk, John Sjmcock, Wm. ^larkham, Sccrc. 

Sam" Richardson, 

The Gover'' Stayed till liaiic an hour past Eleven, and then no 
more coming, left y" place & Directed y* notice be given of a Council! 
y° next day, at 9 in the fforenoon. 



At a Councill in The Councill Roome at Philadelphia y' 12'" 12 
Mo., 16S8-9. 

PRESEXT : 

JOHN BLACKWELL, Esq^, Gover\ 

John Symcock, Sam" Carpenter, Rarth. Coppock, 

Arth. Cook, Sam" Richardson, Wm. Markham, Sec". 



PROVINCIAL COUNCIL. 195 

The Gover' acquainted y' Councill that he had Sevcrall things to 
propose w''' he judged worthy Consideration, & that he had used 
means to have a due representative of y^ people attending there, ac- 
cording to y'' Charter, &c., but ffinding a liaylor, desired y*" advice of 
y*^ board Concerning that matter, for Remedy ffor y" ffuture, & pro-, 
posed in order thereunto, that the question might be putt whether it 
was not incumbent vpony° members ofy^ Prov" Councill Serveing for 
y'' Respective Countys, that one out of Each County doe Constantly 
attend y^ Governo'' in y" affayrs of y^ Governm'. 

This question was debated, in y' debate whereof most members 
present Exprest themselves Satisfyed that there ought to be attend- 
ance given wherin necessity required, but some desireing time to Con- 
sider & advise about it, and others that y" ffurther Consideration 
thereof might be deferred till y' Coming of y' n-yembers vpon y' next 
Election, w'*' would be about 6 weeks hence, the season being Cold, 
the Gover' adjorned to y' next 5* day, being y^ 14* Ins'. 



At a Councill in y' Councill Roome at Philadelphia y' 14* of y' 
12 Mo., 1688-9. 

present: 
JOHN BLACKWELI., Esq^, Gover^ 
Jo" Symcock, Pef Alrichs, John Cann, 

Sam" Richardson, Jos. Growdon,. Sam" Carpenter, 

Arth"' Cook, Bartb. Coppock, Wm. Markham, Sec"^'. 

The minutes of y° Last Councill were Read over. 

A paper ffrom y° Keeper, Directed to y^ secretary, bearing date y 
12"' Ins'., was Read at this board, it being an answer to y" Resolves 
and Order of Councill Dated y" 1° Inst. 

Ordered that y^ said paper bo Entred, w* is as ffolloweth, viz ; 
Secretary Markham. 

The originall Letters sent ffrom our Gover'' relating to this Go- 
rernm", have been Diligently perused and Considered by y" Corn- 
miss", and wee Know of none which may be off Service ifor pre- 
sent Instruction, that are to be ffurther Communicated. Such of 
Them which Conteine matter of Information or Direction, have been 
Delivered to View and are transcribed allrcady; most of Them re- 
maine in my Custody by the assent and approbation of ThosC to 
whome they were primarily Directed. 

THO. LLOYD. 

Philadelphia 12'" 12'" Mo., 1688-9. 

The Govern'' acquainted y* Councill that in as much as they were 
not pleased to give him their advice vpon his motion at the Last Coun- 
cill's meeting, he would not trouble them ffurther therein, but proposed 
the Councill would give him their advice whether they did not judg 
it ffitt for him to Expect y" attendance of y'^ Respective members of 
Each County, as y° Law and Charter Requires : after much debate 



196 MINUTES OF THE 

Vpon that proposall, Divers of y"" members haveing Exprest tlicir (lis- 
satisfaction to give their advice to the Gover' therein, Arth. Cook 
moved llbr that the poverty of y" people was so great as they were 
not able to boar y° Charge of Constant attendance, as the Law and 
Charter Required, Yett that the Cover'' be desired y' y° Execution of 
it might be suspended for y^ present, and y' question being putt, viz': 
whetlier the Gover'' Should be desired to Suspend the Execution for 
y' present? It passed in y'' affirmative, y" Secretary only Dessenting. 



Att a Councill in y" Councill Room In Philadelphia v" 18"' of y' 
12'" Mo., 1688-9. 

present: 

JOHN BLACKWELL, Esq^, Gover\ 

John Symcock, Sam" Richardson, Rarth. Coppock, 

Arth' Cook, John Cann, Rob' Turner, 

Wm. Clark, Peter Alrichs, Wm. Markham, Sec". 

The Gover'' Directed the Minutes of y'' Last Councill Should be 
Read, w'''' were Read. 

The Gover'' then directed that y" Keeper's Originall papers to y* 
Secretary Should be Read, vpon w'^'' j'' Gover'' asked John Symcock 
& Arth' Cook, two of y" Commiss''' of State, whether they did owne 
that paper as their answer ; they replyed doubtfvlly, referreing to y^ 
paper itselfe, w'''' named none. Robert Turner, an Other of the said 
Com"", coming in, declared he Knew nothing of y" paper, and dis- 
owned it : wherevpon y" Gover"" Ordered his Commission to be Read 
for the Satisfaction of y° board, that he was Referred to y" Instruc- 
tions Sent by y" Proprietor & Chief Gover'' , as well to y* Presid' & 
Councill as to y" ffive Com'' of State, which were to be his guide, and 
Declared he thought it was necessary that he Should have either the 
C)rigina11s or true Coppys thereoff attested for his Guidance in y'^Go- 
vcrnm', and Directed also, that y" orders of y" board Iformerly made 
in that behalfe might be Read. And vpon y"" Debate, ffinding some 
persons at v" board who where Concerned in those Instructions did 
not think ffitt that y^ Originalls Should be Deposited with the Secre- 
tary as was directed, The Gover'' Condescended y' in Stead of 
Dem-'ering in y^ Originalls, there might be true Coppyes transcribed 
& Signed, viz'.: Such as were directed to y" Presid' & Councill to be 
signed by y*" Presid'., and such as were directed toy" Com''" of state 
to be signed by any Three of them that were Concerned with him in 
Those Commissions, and y"" same to be done for so much of other 
Letters (wherein Private matters are Intermixed) as Conteine any 
publick matter of Instruction, and that y" said Coppys so attested, be 
delivered in to y" Gover'' and Councill as Soone as may be: vpon de- 
bate it was putt to y" question and Resolved in y" affirmative, N. C. D. 

The Gover' then acquainted y' Councill that he ffound there was a 



PROVINCIAL COUNCIL. 197 

duty required of him by y^ acts for incoiiragem' of trade & naviga- 
tion, toucliing y^ transporting of y^ Commoditys of y' Country to Eng- 
land, or his Maj" other plantations, M-hich ho had at his ffirst Entrance,, 
vpon y' Governm' Solemn!}" declared &, promised to see duly Execu- 
ted according to y^ tenor of y" said acts, and desired y' minutes of that 
day's proceedings might be Read ; \v* being read, it appeared that 
no notice was taken therein of his haveing so ingaged, but severall of 
y° members present remembring y' y" Gov'' had soe Solemnly In- 
iraged, it was agreed y*" same should be added to y" minutes of that 
day's proceedings, w^" was y-^ 18""* day of y-^ 10 Mo., 1688. 

The Gover'" also then offered that if The Councill thought ffitt, ho 
would Solemnly Sweare to doe his vtmost for y" punctuall observing 
y^ said Acts, w'^" was not thought necessary. 

The Time drawing near for y^ Annuall Election of members fory" 
Prov" Councill & Gen*"" Assembly, the Gover"" desired to be informed 
by y^ Councill whether it were vsuall or needfull that any writts or 
warrants should be Issued for Summoning the ffreemen for y' purpose,, 
or whether they Should meet of Course: it was Resolved there was 
no need of writt or warrants, but their day would be observed of 
Course. 

Wm. Clarke, a member of the Prov" Councill for y' County of 
Sussex, acquainting the Councill that inasmuch as there were two 
Elections to be made for that County, viz: one for y" person that was 
to goe off, and another ffor one that was Elected fformerly, but now 
in England, he Conceived it necessary that an order should be Issued 
for y^ Choosing one in his Roomc who was absent. It was agreed an 
Order Should be Issued to y'' Sherift" accordingly. The Gover'' de- 
manding who was to Issue that Order, it was answered in y*" words 
of y° Law in that behalfe. The Proprietor and Gover' was to Issue it. 

Two Petitions were proposed to be Read, but it being late, y^ Gover"" 
adjornod till to morrow, 9 of y'' Clock in y^ fforenoon. 



At a Councill in y^ Councill Roome in Philadelphia y^ 19"" of y' 12, 
Mo., 1688-9. 

peesejvt : 
JOHN BLACKWELL, Esq^, Govern 
Wm. Clark, Rob' Turner, Arth' Cook, 

Jo"" Cann, Sam" Richardson, Wm. Markham, Sec-^. 

Pet. Alrichs, John Symcock, 

The Gover"" desired y' Entrys vpon y' Last Councill's minutes 
should be Read ; they were Read accordingly. 

The Gover' Directed y^ Reading y' Petitions presented at y° riseing 
ofthc last Councill, whercvpon the Petition of Adam Johnson was 
Read ; the Petitioner was Called, who Informing y* Councill of y"" 



*Should be the 21=' of the 11"" Mo. 

17* 



198 MINUTES OF THE 

danger he was in of his life from y' tln-eatenings of Peter Ludgar, and 
that y" same danger was Continued through y" said parties being at 
Liberty, Contrary to y' Judgment of y'' Court, The SherifFof y ''County 
of Sussex, where y" Robery was Committed, viz: ftrancis Cornewell 
being informed to be in Townc was sent Ifor, and demanded by y" 
Gover'' by what authority he permitted y" said Pef Ludgar to be at 
Liberty. He said he was directed only to have the person ready at 
y° Court to answer, and that being don, he requested y° Justices to 
Declare what Should be don with him; some of them Expressed 
themselves desirous to be rid of him, but gave him no Order to Keepe 
lum under Commitment, so he thought himselfe vnder no obligation 
to dctaine him. The Cover"" ordered him to withdraw. 

Vppon debate of y*" ffact, and y^ Sheriff's Sullering him to be at 
Liberty, it was vnanimously agreed that y^ Sheriff deserved a Sharp 
reproof for his neglect, but it being y' ffirst Complaint of this nature 
against him, out of Their Indulgence they Thought ffitt not to ffine 
him for it. Butt ordered that the sheriff doe forthwith apprehend The 
Prisoner at his Owne Charge, and that he Keepe him in y" (-ommon 
Goale or ^^ ork house of y'' County where the Judgment passed, there 
to be held to Hard Labour, or otherwise, til! y" party agrieved be sa- 
tisfied, and that he Cause him to be Corrected with so many stripes as 
by y" Judgment of y^ said Court was ordered, and that he see they 
be well laid on. Wherewith theSheriifwas acquainted by y' Gover'', 
vpon Calling him in for y' purpose. 

The Petition of ffrancis and Wm. Smith was Read, w* being vnin- 
fcUigibly Expressed, but in y' Generall Complained of wrong don by 
y" County Court, & Desireing Liberty to appeale, it was ord"* that y'' 
Goaler of y" County of Philvidelphia doe bring y"" Petitioner in Custo- 
dy before this board at their next sitting, and that Charles Pickering, 
y° Prosecutor, be ord"' to attend at that time, to Informe y° board of 
y" Case of the Pef , (who seems not able to sett fforth y' same,) to y" 
End the board may give Reliefe, if the Case will admitt. 

The Gover"" acquainted y*" Councill that he thought it necessary 
something should be speedily done about settling a Provinciall Court, 
and that he ffound some things difficult therein by reason of y'' seve- 
rall Laws passed Concerning y^ same, and therefore moved them tor 
their advice vpon y" said Laws, and that they should be Read, viz • y" 
157 Law, and y" 181 Law, y" ffirst whereof was made during y"' 
(jrover""^ abodi; in this Province, the other since his departure for Eng- 
land. The ffirst referring it to y'^ Proprietor and Gover"" to Commis- 
sion five persons vnder y' broad seal. The Latter directed that Court 
should be impowred by y^ Gover"" and Provinciall Councill ; which 
Latter seemed to be an incroachment upon y^ power of y" Gove/ re- 
.sorved by y" Charter of Privileges, and being by a Law made in y' 
Proprietor's absence ; (Contrary to his Intrest;) and for as much as 
the Proprietor had by his Commission to y" Presid' & Councill, Limited 
their power as to y" passing of Laws of y' nature, and by liis Instruc- 
tions since, bearing date y'^ first of y'^ Twelvcth month, 1680, directed 
that at the next Assembly Gen'" the Commissioners of state Should 
declare his abrogation of all that had been done since his absence, and 



PROVINCIAL COUNCIL. 199 

;Soof all y'^Laws but y'^ ffundamentalls, which was said to have been 
declared. It being also Considered that y^ ffirst Law required y^ 
passing such Commission vndery' Great Scale, and in Case y^ Keeper 
should not think fitt to affix the same by y*" Gover" Warrant, (on the 
allegations expressed in his refusall to sett the said seal to y" Commis- 
sions ffor Justices of y^ peace,) The Provinciall Judges might possibly 
refuse to act vpon y'' Lesser Seal, and soe y^ Country would be desti- 
tute of y' Court for y" administration of Justice in highest Causes, and 
divers other Difficultyes arriseing vpon y" debate thereoff. The Go- 
vernour desired y' members of y' Councill would seriously Consider 
y'' matter, so as to be Ready to resolve him therein at y^ next pro- 
posall of y^ same to their Consideration ; w""" being approved, The 
Governo' adjourned y^ Councill till y^ next ffifth day, at the vsuall Hour 
of meeting, being y^ 21 Ins'. 



At a Councill in the Councill Roome in Philadelphia y" 21 of y" 12 
Mo., 1688-9. 

PRESENT : 

JOHN BLACK WELL, Esq^, Gover^ 

Arth. Cook, Barth. Coppock, Robt. Turner, 

John Svmcock, Sam'' Richardson, Wm. Markham, Sec"^^'. 

Wm. Clark, 

The proceedings of y*" board at last Councill was read by y" Gover" 
Direction. 

The Gover'' Inquired whether y^ Sheriff of y' County of Sussex had 
seized the pei'son who had been so long at Liberty. 

Arth' Cook said y" person had offered himsclfe and promised ho 
would Yield himselfe rather then y*" Sheriff Should suffer, but was not 
in Custody. 

Vpon w'-'' the Gover"' moved the Shcrife might be sent ffor and ffy- 
ned for his neglect of doing his duty, being acquainted how danger- 
ous the person was, and that Adam Johnson, the person Complayning, 
had declared he was in fear of his life. The Gover'' also vpon what 
was said y" last day of y^ Councill's Sitting, Declared he neither 
looked vpon himselfe nor any member of the Councill to be safe 
ffrom mischief whilst so great a Villiane as he was sett fforth to be 
had his Liberty. 

It was alleged that some new Information had been Received touch- 
ing y^ former tryall had against y" prisoner, which tending to the ra- 
velling into y' Resolutions of y^ Last day's proceedings, Avhen there 
was a fuller Councill, y^ Gover"^ declared he was not satisfied that 
it was seasonable or proper to their present Consideration, or Rea- 
sonable that he should admitt thereof till he vnderstood that he was 
in Custody, and that he look'd vpon the things that were offered as 
y* result of Councill's taken abroad, to w*''' he should give no Coun-" 
tenance. The Secretary acquainted the Gover' that y" said Prisoner 
had delivered him a Petition, and desired to Know whether he should 
Read it. The Gover' said he would Receive none till he were in 



200 MINUTES OF THE 

Custody, and then lie would receive any, and againe declared the 
Sheriff ought to be fTyned for letting him have his Liberty. 

The Govcr'' therevpon Called flbr y" other business appoynted ffor 
y* day, but that not being ready, nor y"" persons present, he Caused 
y' act of settlement to be read, in order to the minding the board 
of y' Great Grace & ffavour of the Proprietor, &c. in y^ Grant of 
the Charter of Privileges, and how gratefully they had received the 
same, and how solemnly they had Ingaged to observe what was on 
their parts to be done, inviolably, &c., and withall observed to the 
board, that since then some laws had been passed in his prejudice, & 
Contrary to the trust he had reposed in y" Presid'and Councill,.&;c., 
which he should take an other flitting occasion to offer to their Con- 
sideration. 

ffrancis and Wm. Smith being brought in Custody by the Sheriff^ 
& Charles Pickering present, the Gover'' ordered the Prisoners Peti- 
tion to be read ; and all y' y^ prisoners had to say against y" Judg- 
ment ffor his Committment being that he had paid Intrest for y' mo- 
ney for longer time than was yett Expired, it was made apeare that 
what he had paid was by y° Court deducted out of y^ principall 
money adjudged against him ; and Charles Pickering oflcring on y* 
behalfe of his Clyent to sett him at Liberty vpon giveing him Secu- 
rity fir paying the debt, or makeing over y" Land ffor w"'' he was in- 
debted to that purpose; he refuseing to doe Either, the board remand- 
(;d him back to y*" Goale : he Complayned he had no bed to lye on. 
The Sheriff acquainted the board he might bring in his bedds to y* 
prison if he pleased, and Should have them out with him vpon his 
discharge. The board adjudged they saw no just Cause of Com- 
plaint. 

Adjorned till y'' 2'' day of y'' next week, 9 in y^ fforenoon, being y' 
25"- Ins'. 



At a Councill in the Councill Room at Philadelphia y* 25 of y' 12 
Mo., 1688-9. 

PRESENT : 

JOHN BLACKWELL,Esq^, Gover'. 

Arth' Cook, Griff. Jones, Wm. Markham, 

Wm. Clark, Sam" Richardson, Rob' Turner. 

Wm. Darvall, Barth. Coppock, 

The Gover' Directed y" Reading y'= Entrys of y' last Councill's pro- 
ceedings : they were accordingly read. 

The Petition of Peter Ludagar presented to y^ board, Avas Proposed 
to be read. 

The Governo' Declared he was not satisfied to receive any till lie 
vnderstood Ludgar was in the Sheriff's Custody, according to fformer 
order. Especially for that his business had been Determined at a fformer 



PROVINCIAL COUNCIL. 201 

Councill. Some debate was touching y' fformer proceedings of y" 
County Court, and some reflecting Expressions vpou y' Resolve of 
v" Councill in that behalfe, which (though passed nemine contradi- 
cente) were of so high a nature, by Sam" Richardson, a member of 
the Councill, as y" (Tover' took exception against as vnbecoming any 
member against y" Whole, the Govcrno"' telling him he ought not to Suffer 
it, and Reproveing him as haveing taken too great liberty to Carry it 
vnbeseemingly «Ss very provokeingly, Particularly Instancing in y" 
said Sam" Richardson's fformer declareing at severall times, y' he did 
not owne y' Gover"" to be Gover'', &c. ; to which he peremptorily re- 
plyed he did not nor would, saying to him he was not Govei-'', and he 
would Stand by it &c make it good ; that Wm. Penn could not make a 
Gover'. Arthur Cook, in milder Expressions, Saying that Wm. Penn 
can make a Gover"" is a Scruple to me. All others declaring against 
that opinion. Sam" Richardson still persisted in denying y' Gover' ; 
wherevpon y*" Gover' mooved, since he was so peremptory in repeat- 
ing it, with such heat, that he might be ordered to withdraw till y*" Coun- 
cill should debate it. He replyed, I will not withdraw, I was not 
brought hether by Thee, & I will not goe out by thy order ; I was sent 
by y*^ people, and thou hast no power to putt me out. The Gover' 
said he Could not sitt there to Suffer y" Chief Govei'^ power to be so ar- 
raigned and questioned, & himselfe so Contemned, & Desired the 
members would severally declare themselves whether they Judged it 
their duty to owne him by the stile of Gover' or not. All the rest of 
y" members declared themselves offended with his words and Car- 
riage, only Arthur Cook againe said he did believe that Gover' Penn 
Cannot make a Gover', but a Deputy Gover', but desired he might 
Explaine himselfe, & said He so judged in his Conscience & would 
be vnderstood to think & speak modestly, disapproveing & Censuring 
Sam" Richardson's Carriage. Wherevpon y'' members at y" board de- 
clared severally that they judged it meet the said Sam" Richardson 
Should withdraw till they ffurther debated y'' matter, Wherevpon he 
went ffbrth, declaring he Cared not whether ever he sat there more 
againe, &c. 

The Gover' moved they would give their Opinion whether y" words 
Spoaken & Carriage of y" said Sa. Richardson were not vnworthy & 
vnbecoming a member of Councill to y" Gover' ; w''"' was Carryed in 
y" affirmative, and that he ought to acknowledg his offence, and pro- 
mise more respect and heed for y^ ff'uture, before he be allowed to Sitt 
againe in Councill. He then moved y" Councill would give their 
opinion whether he Should be Called in & acquainted therewith, which 
was agreed, but he was gon away. 

The Sheriff of y'= County of Sussex being come, was Called in and 
demanded whether Peter Ludgar Avere in his Custody, according to 
y' ff()rmer Order ; he answered he was. He was then Charged with 
y*" Custody of him, to be answerable for him. 

The said Ludgar's Petion was then read. 

It was moved y' there might be a hearing of y' Case, & perticular- 
ly whether y^judgment passed against him by y" County Court were 
Reversed, and vpon what grounds, by y° Provinciall Court. Two 



202 ]\IINUTES OF THE 

Coppys of y° Record of y" Prov" Court were produced for proofe of 
its he'mg reversed, but they difteredmuch from Each other, and in one 
of them 'twas alleaged to have been Reversed vpon Information of one 
person (only); that y" jury that past vpon y" tryall did not all agree, 
which was not Judged a Sufficient ground for reversall against matter 
of Record, as y'' verdict was : it was alleaged that it was also Referred 
back to y"" County Court for a Rehearing ; that y" County Court ad- 
hered to their tFormer judgment, haveing so ffarr honoured y^ Prov" 
Court's order as to Examine all those who had been of y' jury, who 
all owned they had agreed their verdict. But the Copys of the Re- 
cord of the Prov" Court's Proceedings differing, it was moved by 
ArthurCooky'y^originall Record & Entry should be forthwith brought 
before y** Gover' and Councill, ffor y'' Clearing that doubt. 

One of The members of The Councill was desired to goe to David 
Lloyd, y' Clark of y* Prov" Court, who was also a Deputy or Clark 
to f Masf of y" Rolls, and Clark of y'^ County Court of Philadel- 
l)hia, to Require him fforthwith to attend y' Councill, and to bring with 
him y" Originall Records of y" Proceedings of y'' Prov" Court. 

He Came to y" Councill, and being acquainted by y' Gover'' that 
there Avas occasion to see y" said Originall Records, he asked in what 
Case : y' Gover'' told him all that hapned since his haveing that Im- 
ploymcnt of Clark of y*" Prov" Court: he answered, they were not 
recorded otherwise then in a quire of paper. He was Required to 
bring them as they were. He Refused it, saying you may Command 
the Judges, and y'' Judges might Order him, & other Slight and Scorn- 
full Expressions he vsed. He was therevpon ordered to withdraw. 

This was adjudged a high Contempt in y' said Da. Lloj^d, and ffor 
that and other vnseemly and Slighting Expressions of his to y* Go- 
ver'' and Councill, It was Resolved that y" said David Lloyd is vnfitt 
to be allowed for a Clark or public Officer off Record in any Court 
vnder this Governm', and that he stand Discharged therefrom till 
vpon acknowledgment of his offence, and giveing the Councill sa- 
tisfaction. The Gover' shall think ffitt to Commission him againe : this 
yvas declared to him by y* Gover'. 

The Sheriff of Sussex County was Called in tfc acquainted that y' 
board saw no Cause to give any relicfvponLudgar's Petition, and was 
Required to Keepe y^ said Ludgar safe prisoner, and to performey^ order 
of y"" fformer Court vpon y" judgment given against him by y^ County 
Court. 

The Gover' adjorned till to morrow momins. 



At a CoimciU in The Gover" Lodgings, held in the house of GrifF. 
Jones, in Philadelphia, the 24'" of y'="l2"' month, 1688-9. 

pkesext: 
JOHN BLACKWELL, Esq'., Covert 
Rob' Turner Griff. Jones, Sam" Carpenter, 

Arth. Cook, Wm. Clark, Wm. Markham, Secret. 

Wm. Darvall, Sam" Richardson, 



PROVINCIAL COUNCIL. 20S 

The Gov'' haveing notice of severall Rumours spread abroad in 
this town, &.C., touching an Invasion made in England by y'' Prince 
of Orange, and Battcllc fought there, w'*' were occasioned "by y" Rep- 
port of Zach. VVhitpain, who came lately from England, and arrived 
here in this town about midlc night last. Directed that all y'= members 
of the Councill present in towne should be forthwith assembled, in 
order to y' Examination of y' said Zach. Whitpaine; who havinw 
given a Genall narrative thereof, The Gover' Caused the same to be 
Comitted to writing, & him, the said Zach. to be deposed to the truth 
thereof, w*^*" is as foUoweth, viz'. : 

That he Came out of London the 10"" or la"" of xbre last, in a Shipp 
Called y' Mary, John Harris Master, but before he Came thence y^ 
Prince of Orange appeared with a flieet of Shipps on y* Northern 
parts of England, and Coasted there about 3 or 4 days, during w"^ 
time y" King Issued out his Order for his Army to draw that way. 

That on y*" 5 of 9ber y° Prince of Orange Landed with an armv of 
about thirty Thousand foot and about six thousand horse, in Turbay, 
Transported by a fBcet of 75 shij)ps of War, tenn fvre Shipps, 500 
flyboates, 60 pinks : That the army remained about Exeter about 
three Weeks, in w"'' time y" King remanded his army from y*" north 
towards Salsbury, and the King went to them there and stayed about 
a week, then y" King returned to London and Ordered his army to 
mai-ch thither : That they had an Ingagement with the Prince of 
Orange's forces. Divers of y" King's party deserted him and went 
over to the Prince of Orange. The fight was about Redding, where 
the King Lost about 2500 men, and the Prince about 1500, about y^ 
13"" of xber: about y^ 17"" the King Endevouring to goe for france 
with Sir Edw*^ Hayles, was taken at ffeversham in a fishing Shallope, 
who had put there to take in Ballast, y' King disguised as S' Edw"* 
Hales's man. After y" King was taken he was Carryed to my Lord 
Huntinton's house, and y" next day to Canterbury, whither y"" Exami- 
nant vv-ent from deal to have seen him, but y" King was gon thence y' 
morning Early, before y'= Examinant gott thither, the King beincr 
Conducted in his owne Coaches, and with his owne and y" Prince 
of Orange's Guard to London (they being sent on purpose for y' ser- 
vice,) but whether y*" King was at London or no the Examinant Could 
not say, but that when y- Exam' sayled out of the Dov.ncs, w* was v""" 
23 of X her. the King was at Rochester, under Guard. That the Kino- 
before his goeing away from London, went to y'^ Tower, and sent 
for his Secretarys and the Lord May', and there delivered up the 
Tower into the hands of y" City : the City upon that appointed the 
Lord Dumbarton to be Leif thereof till further order, and y'= Ham- 
letts to Guard it. That y" Public affayrcs at the Exam'. Coming from 
England, were manniged by seven Sprituall & seven Temporall Lords, 
and they had set forth a Proclamation for the Disbanding of the King's 
forces, and Disarmeing them, paying them for their amies. ThoEx- 
amin'. ffurthersays, that he heard that y= Castle & City of Dublin, in 
Ireland, was Delivered to the Protestant Party, under the Command 
of the Lord Enchiqueen, who seised the King's Lcif. while he sattin 
Councill : And further, that he saw in a Lotter from Ireland that there 



204 MINUTES OF THE 

had been a massacre marie by the Papists upon the Protestants, and 
that two Thousand, or two hundred, were murdered; the ffigures 
being blotted, he Could not Justly tell which number it were. 

ZECHARIAH WHITPAINE. 



At a Councill in The Councill-roome at Philadelphia y' 26 of y' 12 
Mo., 1688-9. 



JOHN BLACKWELL, Esq^, Gover^ 

Wm. Clark, Griff. Jones, Rob' Turner, 

Arth. Cook, Barth. Coppock, Wm. Markham, Sec'^ 

Wm. Dervall, 

The Gover'' ordered y" Entrys of y'' last day's proceedings might 
be read. 

Being read, Arthur Cook excepted against y^ Entry of what he had 
Spoaken about y* Governo" not haveing power to make a Gover'', and 
affirmed he added the words [he believed so,] w'^'' words were allowed 
to be added. 

Griff. Jones Declared he thought David Lloyd's miscarriage M-a?; 
not ffuUy expressed, for that it was omitted to Enter y' he was twice 
sent ffor; w'*" was allowed to be so, and that it should be amended, and 
that y' said David Lloyd declared he questioned whether this board 
had power to Command y' Records to be brought before them. 
Rob' Turner also declared he remembered that he did question their 
authority. The Secretary also, that he remembrcd the same. Vppon 
w""*", it was allowed those Expressions Should be added in y' Entrys, 
as y" flarther Evidence of his Contemning their Authority. 

M"". Clark moved, on y" behalfc of the Sheriff of Sussex County, 
y' he might have assistance ffor y^ Carrying his prisoner. The Go- 
ver' sayd it was proper ffor himselfe to Petition it if he wanted it. 
The order being that he Should Carry him at his owne Charge. 

The Gover mooved that y" Debate touching y* setling a Prov" Court, 
w"'' he had proposed the 19 Ins', might bo Reassumed, and told them 
that there seemed to him to be some difficulty therein, w"^ he hoped 
they haveing had so lung Time of Consideration, were ready to re- 
solve ; And thercvpon Directed y" Entrycs of y'= said day's proceed- 
ings & Debates might be read, and proposed y' every one would 
Speak his minde about it, (y'' members Doclarcing they Judged there 
was an absolute necessity of it, it being informed by Wm. Clark that 
there were severall appeals ffrom other Courts.) It was Resolved 
vpon y" Question, y' a Commission should be Issued for y^ Authoriseing 
&; Appovnfing a Provinciall Court according to Law. It passed in 
y° Affirmative, Nemine Contradicente. It was then debated vpon w'^'' 
Law it should be grounded, Some inclyning to have it vpon y° 157 
Law, Some vpon 181. 



PROVINCIAL COUNCIL. .205 

Vpon diligent pervscing both y'' said Laws, M' . Clark observed that 
fie Conceived it Could not be v})on y*" Latter Law, (though he had 
been before of that opinion,) llbr that by y'" Said Law it's said y^ 
Judges Should hold Courts at Philadelphia, y" 24"'of y^ next Seventh 
month, and }♦* tenth of y'^ Second month flbllowing, and not Yearly, 
but as if itwcrconly intended fTor those two days in that year, whereas 
y" loT Law Directed y" said Court Should Sitt twice every year, and 
Every ffall and Spring yearly. 

And for that y" Latter Law was in Detriment of The Proprietor's 
Right by his Pattentffrom y" King, to appoynt and Commissionate all 
officers, and Could not have his Consent given by those whom he In- 
trusted with his power, by reason of y" limitation of y" Power of y' 
Commission ; And also, that it would be an Invading his prerogative 
granted by y"" King & Reserved by his Charter of Privileges to v' 
Ifreemen (at least) during his life, and bring y^ Chai'ter itselfe in 
question. 

As also for y' by y^ former law, w'''' was passed whilst y° Proprie- 
tor was present in the Country, It was Enacted that there Should be 
five Prov" Judges appoynted by the Gover"", under y"" Great Scale, &c., 

w"'' act is verbatim as fFoUoweth : 

That there shall be five Prov" Judges appoynted by the Gover"", 
vnder y*" great scale of this Province, w"'' Judges, or any three of them, 
Shall be a Prov" Court, and Sitt twice every year, in y' Towne of 
Philadelphia, and any two of them at least, shall Every ffall and 
Spring Yearly, go their Circutesinto Every respective County of this 
Province & Territorys, and there hold a Provinc" Court, which 
Court, whether ffixcd or Circular, Shall have the hearing and deter- 
mining of all appeals ffrom In feriour Courts; also, all try alls of tytles 
of Lands, and all Causes, as well Criminall as Civill, both in Law 
and Equity, not Determinable by y° Respective County Courts, any 

ingin this or any other act or Law of This Province or Territorys 
) y" Contrary, in any wise notwithstanding. 

It was proposed y° members would give their Opinions whether this 

question Should be putt, viz: Whether they were of opinion that there 

should be five persons named in y" Commission to bea Prov" Court, ac- 

' irding to y^ 157 Law? Afi;er some debate thereoff, Arth. Cook pro- 

■sed that y^ Late president might be sent for to give his advice : that 
was not judged needfull. The Law being so plainc. Arth. Cook then 
Departed out of Councill, desireing his motion might be Entredas his 
'issent. 

This question was then putt, viz': as many as are of opinion that 
■tere be ffivc persons named in y" Commission fibr Prov" Judges, ac- 

irding to y* 157 law, declare your assent by standing up: it was 

irryed in y'' Affirmative, NemincContradicente. 

The Gover' then tendred for their advice a forme of Com- 
uiission w'" he had prepared fibr that purpose, w'''was Read once 
throughout, and afterwards in parts; Some alterations were proposed 
& agreed to, and y° Question putt, viz : As many as arc of opinion 

18 



206 MINUTES OF THE 

that the fTorme of Commission now read, with y^ amendm'' & altera- 
tions made vpon y' debate, Shall be y' fforme to be Issued fTor y'' Au- 
thoriscing of y*" Judges fibr y^ Prov" Court, lett them declare themselves 
by Standing up : it was agreed in y' AiFirmative, Nomine Contradi- 
cente ; and Iherevpon, Resolved that y'= same be sent to* y' Keeper of 
y' broad scale, with warr' of v^ Gover^ to putt the great seal thereto. 

The Gover'' not satisfied with y" behaviour of y" high Sherifle of y' 
County of Sussex, proposed some other might be named by some of 
y^ members present, ffor as much as liimselfe was wholly a stranger 
there. 

Wherevpon Wm. Rodcney was nominated by Wm. Clark, and Re- 
commended by Griff. Jones & Wm. Darvall, as the ffittest person they 
Could think off ffor y' present. 

The Gover' desired the members would not ffayle to Keep their 
next day of meeting of y" Councill, viz : the 28''' Ins', at nine in y° 
fforenoon, acquainting them that he thought then to allow some time 
of Recesse ffor y*^ members repayring into their seveiall Countys, in 
order to y' takeing Care of Elections, &c. 



At a Councill in y" Councill Roome at Philadelphia y^ 28'" 12 
Mo., 1688-9. 

PRESENT : 

JOHN BLACKWELL, Esq^ Govern 

Wm. Clark, Griff. Jones, Arth. Cook, 

Rob' Turner, Barth. Coppock, Wm. Markham, Sec". 

Wm. Darvall, 

The Gover' ordered y" Reading over y^ Entrys of y' last Councill'.s 
Proceedmgs. 

Vpon reading whereof he observed there was a blank leafe of \' 
book of Entrys, and enquired y" reason thereof. The Secretary an- 
swered it was left ffor y" Entry ofy''proceedingsofy''Counciil vpon y' 
ffirst day of that week, being y"" day wherein y*" Tydings of affayrcs 
in England was brought by Zachary Whitpaine. The Gover'' direct- 
ed They should be Entred. 

The Secretary acquainted y" board that he had Carried y^ Draught 
of Commission past by y' advice of the Councill for appoynting Pro- 
vinciall Judges to y'' Keeper of the broad Seal that night, and had 
acquainted y'' Keeper y' he was desired to have it ready at y" Coun- 
cill at their next Sitting : he was ord''' to goe to y^ Keeper to ffetch it 
to y" Gover''. 

Vppon his Returne he acquainted the board that he had Spoaken 
with y"" Keeper, who told him he was going forth to a Sick person, 
but that his answer was Conteyned in a Letf to him, (y' said secre- 
tary,) which he Intended to have sent. The Gover' Directed y" Su- 
perscription might be read, w*"'' was as ffolloweth : (ffor my respected 
ffriend Secretary Markham, in Councell, These:) afterwards y° Letter 



PROVINCIAL COUNCIL. 207 

il selfe, w"" was as fToIloweth, viz: Secretary, The warr'w°"I received 
iTrom thee y' 26"' Ins', in order to y' passing lett" Pattents vnd' y" 
broad seal, for Constituting of 5 Provin" Judges, haveingduly Consid- 
ered the same, I doe apprehend y"" Instrument d d"^ * vnto me, to be 
in no wise proper for y" said scale ; and as to y" Draught of y" 
Commission it selfc, it seems to be more moulded by ffancy, then 
fformed by law : The Style insecure, y" powei-s vnwarrantable, and 
y° Duration not Consonant to y° Continuance of y" Laws vpon w'"* 
it Should be (Grounded; ffor w""'' Reasons, and other manifestations, I 
Cannot without Violation of y" trust reposed in me, lett the same pass 
vnder y'' scale in my Custody. 

THO. LLOYD, Keeper. 
Philadelphia, fridie Calend. Im 168S-m', 9. 

The Gover'' Excepted ag' y^ same, as very vnbecoming any person 
without doors to vse such Expressions Concerning the Gover'' as that 
of ffancy, &c. , it haveing also past in Councill ; also, so fl'ar to ques- 
tion their authority as to deny to doe his duty in a Case of that Imer- 
gency. The Gover'' Desired Every member of y" board would deliver 
his minde, and give him advice therein. Divers Spake to it, as judg- 
ing it a Contempt of that Court's authority, and of the Prop"'' Authority 
ffrom y" King's Charter to y" Gover''; others that it was not an an- 
swer, to w"'' y° secretary affirmed he gave it as his answer. 

After long debate about it, and Every one haveing Spoaken his minde, 
y' Gover'' desireing an Issue might be putt thereto, proposed thisquestion, 
viz : whether the board did Judg that Letter, or any thing therein Con- 
tayned to be a Sufficient ground fibr y° Keeper's refusall to sett The 
broad Scale to y" said Commission? w* being Spoaken to, It was Re- 
solved in y' negative, by five of y^ seven members present, viz : all 
but Arth. Cook & Barth. Coppock. 

Resolved that this board doth Judg y" Keeper's letter to y° Secre- 
tiiry, or any thing therein Conteyned, was not a sufficient ground ffor 
y' Keeper's refusall to sett y" broad scale to j° Commission sent to 
him for y' purpose by y^ Gover''. 

The Gover'' then proposed ffor advice by way of Expedient, and 
to y'' end y'^ publick service and Justice might not be neglected, 
whether it may be ffitt to Require y"" Keeper to bring y*" said Com- 
mission and broal^ scale to the board, & flbr y' Gover"' to sett the 
same to y' Commission, in his and their presence, and then to re- 
turne the same to him, there appearing no other way Avhereby y° ap- 
pealcs to that Court Could be heard, and y" whole Country would 
then be disappoynted and putt to great Charges. 

The opinion of y^ members agreeing that it was not advisable ffor 
y" Gover'' to doe what appertayned to y" Keeper, and Arth. Cook's 
reason being that that v»ere as if a man should borrow a swoard of 
an other to Kill a man. The Gover'' told him that was uncomely to 
Compare the board's orders to a murtherers action : in Conclusion, 
it was Judged and Resolved ffitt rather to lett the thing alone ffor him 
to answer his refusall, and that if the Keeper refuse to doc his duty, 

* delivered. 



208 MINUTES OF THE 

it was ffitt he should be Called to acco' flbr it, to vvliich only two per- 
sons Dissented, viz : Arth. Cook, &; Barth. Coppock, which was y 
Issue of that debate for that time. 

Tiic Gover'' acquainted y' board that David Lloyd, then County 
Clark of Philadelphia, haveing not made any submission or acknowl- 
edgment of his oiicnce, as was ordoi-cd, there was a necessity some 
other person should be Commissioned, the County Court being to sitt 
in a ffew dayes, and that it was not Hitt to Suiffcr such Contempts of 
authority as began too fFrequentt, through y' Continuance of a Coun- 
eill without doors, &c., And that therefore he Should grant a Com- 
mission to Some other ffitt person, and desired that y^ members at y' 
board would advise him who was y'^ffittest person to Succeed him therein, 
•lames Claypoole was named by y" Secretary, seconded by Griff. 
Jones, Rob' Turner 6s Wm. Darvall, and it was said he had been 
some time a Clark to y'^ Assembly: the Gover'' moved ffor their advice 
about y" County Seal and Records, that they would be necessary to 
be in a Readyness at y'' Sitting of y" Court, and that Therefore, what 
had been done formerly for The disposing y* said seal and Records 
when y' said David Lloyd was made Clark, might be Read : vpon y' 
question. It was Resolved that y*" like order as had fformerly past for 
y'^ Disposeing y^ said scale & Records, when y'^ said David Lloyd was 
made Clark, (mutatis mutandis,) Should be in this Case sent ifor the 
Delivering the same vp to y*" secretary, or y* said James Claypoole,- 
Arlh. Cook and Bai'th. Coppock only dissenting. 

Vpon Rob' Turner's motion about y^ setting out the way from the 
fialls to Philadelphia, andDeclarcing y" Dammage the Country received 
by persons Carrying their Corne to Birlinton, &c., by reason of y* 
badness of y*' way to Come to Philadelphia markett, occasioned by 
man)-^ persons Turning the vsuall Road out through their Inclosures, 
Contrary to a fformer order of y" board, and that it ought to be don 
by the Survey'' Gene", or his Deputy, with y*^ assistance of some of 
y'' justices of y'= County of Philadelphia and Bucks ; It Avas agreed 
that the Survey' Gene", or liis deputy, attend this board, to shew 
('ause why y" same was not done, and to give his opinion Concei^n- 
iiig it, M'hat he Conceives is ffitt to bo don therin. 

Woollaston attending to Complainc the order of this board Con- 
cerning y"-' fibrceable Detaynare was not Executed ; but y'' board being 
also Informed that y^ justices, or some of Them, were Expected here, 
that matter was deferred ffor next C~ouncill, on y' 2 day of y^ next 
week. 

The Gover' Declared that ffrom hcncefforward vnlill the time of 
y' meeting of y° whole number of Provin" Councill, he should dis- 
])ence with Each other weekly day of Keeping Councill, and that y" 
ordinary day of meeting Should be on the £!^ day of Each week, 
y" mean while, vnless he judged there were an Extraordinary occa- 
sion requiring other days of meeting besides that. 

The County Court of New Castle being by adjornment appoynted 
to be on y*^ next day after y" Election of members for Prov" Councill 
and Assembly, and severall Causes being to be heard there, wherein 



PROVINCIAL COUNCIL. 20» 

persons of other Countyes were Concerned, whose Duty it was to at- 
tend their owne County Elections, w'^'' might Continue two or Three 
days, it was therefore thought meet y' y'' said County Court of New 
Castle be Directed to Adjorne the Causes of Such persons for a Con- 
venient time, not vnder two days ; w*^"" Being putt to y" Question, it 
was Resolved in the affirmative, Nemine Contradicente. 



At a Meeting in y" Councill Roome in Philadelphia the ffirst of The 
ffirst month, 1688-9. 

present: 
JOHN BLACK WELL, Esq^, Gover^ 

Wm. Clark, Griff. Jones, Wm. Markham, Sec"^. 

Wm. Darvall, Sam" Carpenter, 

The Gover' haveing Rec'' Instructions ffrom The Chief Proprietor 
and Gover'', Caused notice to be given to all y' members in Towne to 
Convene in y" Councill room at y' tenth hour, in order to Communi- 
cate such parts of y^ said Instructions as were requisite. 

The Gover' Came, Stayed about Two hours, yett had not a Suffi- 
cient number ifor a Councill, notwithstanding The Secretary person- 
ally gave notice thereof to Arth. Cook and John Symcock, who told 
him they did not Intend to be there. 



At a Meeting of Tlie Councill in The Councill room at Philadel- 
phia y" 4'" of y' first month, 1688-9. 

present: 
JO" BLACKWELL, Esq^ Gov^ 

Rob' Turner, Wm. Clark, Arthur Cook, 

Griff. Jones, Sam'' Carpenter, Wm. Markham, Sec'''. 

Wm. Darvall, 

The Gover' ord"^ the Entrys of The last day's proceedings in Coun- 
cill Should be read: they were read according!}'. 

The Gover' acquainted y" Councill that since their last meeting he 
had Received Instructions fromj^ Chief Gover', dated y' 24"" of 7ber, 
1688, wherein, amongst other things, he was pleased to direct that 
y"" murtherous woman's sentence should proceed, y' Case being noto- 
rious & barbarous. 

In ord' to y^ Councill's proceeding therein, y^ Gover' Directed y'^ 
Secretary to turne to y'' place in his book wherein the minutes touch- 
ing y'' reprieve granted was Entred, to y" End they might know 
whence it arose. 

It appeared to lo ->ranted vpon the Petition of John Richardson, 
brother to y° murthertr, w* Petition was Read. It appeai-ed also that 
a sentence of Death had passed vpon her in a Provinc" Court held in 

18* 



210 MINUTES OF THE 

y' County of Kent, where y" ffact was Committed, and that the s* 
Prov" Court was Duly Authorised by y* Then Prcsid' and Conncill, 
by Commission vnd' the Lesser seale, dated y^2'' of y^ 2'' month, 1687- 
Vppon Consideration of The Petition, &c., It was ordered by the 
Presid' & Councill y'^ 19"^ of y" S-'Mo., 1688, that y^ Sheriff" Should 
suspend y'= Execution till ffurther order vpon the whole matter : it was 
ordered by y^ Gover' and Councill, The secretary only Dessenting, 
iJiat y^ said order of Suspention be of no ffurther fforce, and y' y" 
Sheriff of y" said County ol'Kent doe Cause Execution to be done ac- 
cording to y'' tenor of y' Judgment past by y^ Provinciall Court, and 
tliat y" day flbr doeing theroort" be on y" fifteenth day of This present 
ffirst month, commonly Called March, and that M". Clark be desired 
to take Care that y" ord' ffor Execution be delivered to y" Sheriff ffor 
y' purpose. 

The Secretary read a letter ffrom John White, Clark of y' County 
Court of New Castle, w"' y* Coppy of a paper sent by him ffrom 
Edw'' Blake, Jo" fforalt, and Charles Rumsey, Justices of y* peace of 
y said County, Certificing some proceedings by them bad vpon a 
fformer order of y" Gover' & Councill, about Viewing and rcm'>ve- 
ing 5'^" fforceable Entry and Deteiner made on the house and land of 
Tho. Woollaston, in y" said County, y'' possession whereof had been 
formerly given to y" said Woollaston, persuant to a Docretall order 
of y^ Provin" Judges, by y" Sheriff of v" said County, and since againo 
taken ffrom him, as by his Petition to the Gover' and Councill and 
their said order, referrence being therevnto had may appeare. 

The said paper being read, it appeared that in Stead of Executing 
y" said order, the Jury was by y" Justices affirmed to have given in ffor 
their virdict that Wee Jurersof Enquirie doe ffinde that there was a 
fforceable Entry Committed by Edw'^ Gibbs, high Sheriff of New 
Castle, and Richard Reynolds, his Deputy, vpon the house of John 
Gramton, about y' Latter End of y' Last Eight month, Called Octo- 
ber, 1688. 

HUGH MARSHLAND, fforeman. 

This was judged by y" board to be a great affront and Contempt 
of their authority; but what remedy might be given did not occurre to 
y° board, it being properly remidablc by y'' Prov" Court, w'"'' the Keep- 
er iiad refused to authorise vnder y" great seale, as he had been or- 
dered to doe. 

Many things were Spoaken by way of Grievance that y'" Gove' and 
Councill should be so obstructed in their remedying such Complaynts 
andy' ffurther debate of y'' matter taken vp. 

Some declareing y" Keeper's rofusall was a misbehavior in his office, 
and tending very much to y'' hurt & Dammage of y" people of y" Pro- 
vince; y' it was dishonourable to y^ Government, and gives occasion 
to others to slight Governm' and authority. That they thought it 
was to no purpose ffor them to give their attendance in Councill if they 
Should be by such means hindred of doing Justice to y*" people, 
and that they were weary of such attendances vpon such obstruc- 
tions, &c. 



PROVINCIAL COUNCIL. 211 

VV'ni. Clark moved y^ Keeper might be spoken with, to see if he 
would give any other answer, w* was Seconded & Thirded. 

The Gover'' named Wm. Clark, The Secretary, & Sam" Carpen- 
ter, to attend y" Keeper to see if any Expedient can be found for 
preventing tiiu'ther heats arriseing vpon such occasions, who were 
to report their proceedings to y" Gover' and Councill to morrow morn- 
ing, by seven of the Clock, all y" members of Councill now present 
promiseing to meet at that Time to Receive the same. 

adjorned accordingly. 



At a Councill in the Councill Roome at Philadelphia, y° 5"" day of 
the 1" month, 1688-9. 

present: 
JOHN BLACKWELL, Esq^, Gover'. 
Wm. Clark, Sam" Carpenter, Rob' Turner, 

Wm. Darvall, Griff. Jones, Wm. Markham, Secre. 

The Gover' ordered y*" Secret^ to read y" Entryc of last Councill's 
proceedings. They were reade. 

The Gover' took Exceptions at y* Entering v^ Secretary's dissent 
in y" body of y'' order touching y^ Execution of the Murtherer, w*^ 
was struck out with a pen, & the Secret allowed to enter his dissent 
thereto in the Entry of this day's proceeding, if he thought it need- 
full. 

The Gover' also tooke Exceptions to the brief Entry of M'. White's 
Letter, & y'^ Justices returne from New Castle, & by directions of y* 
board they were ordered to be entred verbatim, at large, which were 
as foUoweth: 

To the Honb''' the Gov' and Provinciall Councill of y*" Province of 
Pensilvania & Territories, Gent. 

I Received a certain Paper from Edward Blake, John fforat & 
Charles Rumsey, Justices for the County of New Castle, w* I was 
commanded to Record, and to send a Coppy thereof to the Gover' & 
Council. In obedience to their commands, I have here inclosed a true 
Coppy of the originall, w'*" is all I have in charge at this time, 
from, Gent., your humble servant, 

JOHN WHITE. 

New-castle, vltimo, ffebruary 1688-9. 

The Gover' Directed that the Comittee Ordered yesterday to attend 
the Presid', to see if there were anything could be done by way of 
Expedient for preventing further strifes & heats, would Report the 
issue of their proceeding therein with him. 

Wm. Clark Reported, That pursuant to the said Order, they went 
to y" Keeper & let him to understand that it was the Order of the 
Gover' & Councill that they should go to him to ask if he would give 



212 MINUTES OF THE 

any further answer to y" Refusall of puting the broad Seale to the 
Commission for Provinciall Judges ; to which the Keeper answered, 
That he thought that w'*" he had given in answer in writing was 
sufficient; And that if y^ Gover' & Councill did not look upon it to be 
so, if they did not approve of it, if they pleased to signify their mindes 
in writing wherin it was insufficient, he would give his answer 
to them againe in writing. This was agreed by the Comittee sent to 
be the substance of the Keeper's answer in words, as near as they 
could remember. 

The Gover' declared he did not think it was their work to dialogize 
w"' any man without dorcs, and desired the severall members of 
Councill would give their opinions upon it, whether The Keeper's 
dealing with the board herin in that matter did not argue contempt of 
their authority. 

Griffith Jones was troubled that the Gover"" and whole Province 
should be so wholly obstructed from doing Justice : That y" Keeper by 
these dealings is the Ruler, & not the Gover''& Councill : That he 
would have been glad the Keeper had complyed with that which tended 
to the doing Justice in the Countrey, But that by this he perceives if 
the Keeper lay his hand & say Thus farr you shall go & no further, 
to the obstructing all Justice, we must sitt still, &c. This is the way 
to Create animosityes & making partyes ; this ought not to be suffer- 
ed; It is not well, &c. : That he judged the Keeper is answerable to 
the Gover"^ & Countrey for this misdemeanor, and offered to be one of 
them that should charge him to make answer for it; and said, if the 
Keeper be thus suffered, 'tis to no purpose for us to spend our time in 
sitting & giving Councill here, &c. 

Wm. Clark. Some things were difficult to us in the former debates 
concerning the Comission, Viz' : I was doubtful! upon which Law the 
Commission should be grounded : much was to be said on both sides. 
He could be willing there might be a right understanding that we 
might not be put to y" Extremity & severity. 

The Gover'' minded him of the issue the former debates had brought 
that matter to already : That it was fully agreed That the later law 
was fulfilled ; that it did infringe the Gover'^ Authority ; (w"'' he had 
reserved out of their power by his Commission to them ;) That ther- 
fore it fell of it selfe. That the former Law was clearc, viz: direct- 
ing the Court to be settled yearly. That the Gover'' had in his Charter 
Reserved the sole power of nominating & Comissioning officers to 
himselfe during his life, and appeald to M^ Clark, &c., whether all 
those things had not been largely debated & resolved. 

Wm. Clark Owned that the latter Law did infringe upon the Go- 
ver" Prerogatives ; He acknowledged what the Gover'' said, & sayd 
I see there is a necessity to make use of the authority of this board. 

Griff: Jones. It is the King's authority that is opposed, & lookes to 
me as if it were a raysing a force to Rebell. 

Robert Turner said he never saw such shufling in matters of mo- 
ment in his dayes: as to hearing the Keeper farther, if he had any 
thing that scrupled him in matter of Law, he should have answer'd 
those things upon the application of the Comittee to him. And he 



PROVINCIAL COUNCIL. 213 

should have given his advice to them. But It appeares we have two 
Gover"^ & two Councills : One within and another Without. Our 
words & doings are carryed abroad, & come to be debated by some 
(among ourselves) with another Gover"", & thereby the mindes of 
some persons are altered from what they have declared & moved here, 
(before they were influenced by those Councells,) so that we cannot 
proceed, which is neither for the quiet of the people nor honour of the 
Governor. 

Severall members moved the Question might be put upon the 
whole, which was thus proposed by the Gover'', Viz: 

Whether upon the debate of the Keeper's answer & other passages 
of Contempt offering themselves upon this debate, they did not judge 
the Keeper to have highly misdemeaned himselfe in his ofHce of 
Keeper of the broad Scale, in refusing to perfect the Commission 
sent him for Provincial! Judges, under the bi'oad seale, (It was Re- 
solved in the affirmative, Sam" Carpenter only dissenting,) Viz: that 
they did Judge he had highly misdemeaned himselfe in his said 
office thereby, &c. 

Afler passing this vote Arth. Cook came into the Councill. 

A paper was delivered in to the Gover' & Councill by Ja. Clay- 
poole, appoynted Clerk of the County of Philadelphia, inform- 
ing the Board, That David Lloyd refused to deliver up the books, &c. 
of y^ said County Court, \v'^ y" Gover'' & Councill had ordered, Ex- 
pressing that Tho. Lloyd had ordered him not to deliver the same. 
The tenor of which is as followeth, Viz: 

To the Honb'^ John Blackwell, Esq'., Gover'., &c., & Councill. 

Wheras, by a precept from the Gover' & Councill, I was comand- 
ed to Receive of David Lloyd the Records, papers & Seal relating to 
the Clark's office, and belonging to the Court of the County of Phila- 
delphia, in obedience whereunto, upon y'' Reception thereof, I in- 
formed the said David Lloyd, & delivered it to him, who promised 
from time to time to deliver up the same into my hands, and this morn- 
ing denyed to perform his promise, but gave me in answer that 
Thomas Lloyd had ordered the contrary, without whose leave he 
would deliver up nothing. 

JA: CLAYPOOLE. 

Philadelphia, 5'" V Mo., 1688-9. 

The said Da. Lloyd was sent for to come to y'' Gover' & Councill, 
then sitting. Being cgme. The Gover' demanded of him if he had 
read the Order of that board for delivering up the papers, Records, 
Seale, &c. belonging to the County Court, in his Custody, to 
James Claypoole, appoynted to succecde him in that imploymcnt. 

He answered, yes, he had received a Coppy of such an order. 

The Gov' asked him by whom y' s'' order was signed. 

He answerd he did not remember. 

The Gover' asked if it had not a seale set to it. 

He answerd yes. 

The Gover' asked if his (viz : the Gover"^) hand was not sett to it. 

He answered yes. 



214 RflNUTES OF THE 

The Gover" asked whether he had delivered the same accordingly. 
He answcrd no. 

And then produced a paper Commission, under the hand & private 
scale of Thomas Lloyd, dated the 1^' of y' 1^'Mo., 1689, of the tenor 
following, which the Gover'' ordered to be read : 
PHILADELPHIA, 

By authority of Letters Pattont, under the Broad seal 
^nxx^^^ of this Province, Granted unto me by The Proprietarie & 
,^y?||M|?. Gover', I doc hereby Constitute & appoint thee my Deputy 
S4^^^>j in the office of the Rolls & Publique Records for the Coun- 
*^!^^f'^ tv of Philadelphia, & for the Entrino; of all Judgments of 
Courts, publique Proceedings of Justice, Legal Cases & 
of all other Instruments w'''' are by Law to be inroUcd & Recorded, 
& to take such Fees therefore as are Provided : And for y" Better 
Enabling thee to Discharge the said Place, I doe Jure Officy as Keep- 
er & ]Vr. of the Rolls, nominate thee Clarke of the Peace, &i also 
Clerke to the Justices For y" said County, & to act therein according 
to Law & uncontrolled usage. Given at Philadelphia, the first dav 
of the 1^' mo., A. D. 1689. 

THO : LLOYD, Keeper, & Mr. of the Rolls. 
To my Trusty Friend, David Lloyd: 

The Gover' demanded whether he would observe the order of the 
Board. 

He answered He would deliver up what -was in his Custody either 
to the Secretary or to the said Ja: Claypoole that day. 

The Gover' ordered him to withdraw ; and desired the board 
would give their opinion touching his answer. 

The Board Resolved that they were satisfyed in his answer. That 
he would deliver them up according to their former order. 

The Gover' then againe Ordered y" said Commission under the hand 
& scale of the Keeper should be read, Which was read accordingly. 
The Gover' desired their advice & opinion whether that act of his 
were not a high presumption & usurpation upon the Gover" authority, 
Declaring lie did not doubt but that he might make a Deputy as .Mas- 
ter of the Roles, for doing what appertayned to that office ; but to 
make a Clerk of the peace to y"" Justices, & Clerk to y*" (bounty Court, 
he Excepted against as having no President, The Disposing of all 
offices being by the Chiefe Gover' reserved to himselfe for his life. 
This was some time debated, with great trouble that the Keeper 
should so misdemean himselfe, divers attesting they had not knowne 
such a thing done before ; After which this Cfuestion was put : 

As many as are of opinion that this Commission produced by D> 
Lloyd, signed by Tho. Lloyd, & sealed with his owne private scale, 
(as farr as appeared to them,) dated y^ 1'' of y' 1" mo., 1689, nam- 
ing & Commissioning David Lloyd to be Clerk to the Justices & 
County Court, as therin is Exprest, is a high usurpation upon the 
Gover" authority, declare yourselves in the affirmative by rising up 
from your seates. All the members present (Except Arth. (^ook & 
Sam" Carpenter) arose upon the affirmative. M'. Carpenter declare- 
ing he did not understand it, yet sayd he did not justify Tho. Lloyd. 



PROVINCIAL COUNCIL. 215 

The Gover'' proposed to the board to give him their advice concern- 
incf the disposall of the said Commission, or returning to D. Lloyd. 

The Question being put, viz : 

As many as are of opinion That this Commission remayne with 
the Secretary, to be used as the Gover'' & Councill shall think fitt. 
Declare yourselves in the affirmative by rising up from your seates. 
All the members present arose. (Except the said Arth. Cook & Sam" 
Carpenter.) 

Adjorncd till 4 of the Clock in the afternoone. 



AFTERNOONE OF THE SAME DAY. 

The same persons present. 

The Reason of the adjornment being to be informed whether David 
Lloyd should that day deliver up the Records, papers, & Scale of the 
County Court, according as ho had promised, It was Reported that he 
made no scru[)le to do it, & had done it in part; Whereupon the Go- 
vern'' adjourned till the next second day of y"" weeke, Viz : to y" ll* 
of y'' 1" month, according to former order. 



At a Councill held at New Castle (one of y^ Countyes annexed to 
y' Province of Pensilvania) the 13 and 14'" days of y^ first month, 
commonly called March, 1G3S-9. 

present: 
JOHN BLACKWELL, Esq^, Gover^ 

Peter Alrichs, .lohn Symcock, Rob' Turner, 

John Cann, John Bristow, Griff. Jones, 

John Dehayes, Barth. Coppock, Wm. Markham, Secre. 

The Gover' acquainted the Councill that he was come thither on 
purpose to indeavor a sctleing of those differences that had been oc- 
casioned in y' County by the proceedings had in the case betweene 
John Grantham & Thomas WoUaston ; which had already caused a 
great deale of trouble to that board sitting at Philadelphia, And as 
previous and in order to their better proceeding therin. The Govcr"^ 
Enquired whether the order past in the Provinciall Councill for re- 
storing WoUaston to his possession had been observed by the Justices, 
M". Cann answered it had, & was Recorded. 

The Govei-' Ordered it should be read. It was read accordingly. 

WoUaston was callen in and demanded whether he had possession 
delivered to him according to y° Councill's order. He owned he had 
the possession delivered to him, And sayd ho did not question but he 
had the possession still, and moved That Consideration might be had 
of the Charges he had been at, &c. 

The Question was putt whether the Returne made by the Justices 



216 MINUTES OF THE 

was sufficient, which was carrycd in the affirmative, Nemine contra- 
dicete. 

The Gover'' being informed That Grantham's Wife was attending 
with a Petition, she was called in &. delivered her petition, w'^'' was as 
foUowcth, Viz': 

To the Honb''' John Blackwcll, Esq'., Gover"", & Councill of the 
Province of Pensilvania and Countys annexed, in America. 

The humble Petition of John Grantum shewcth : 

Wheras, your Petitioner for near three years past hath been ex- 
cluded and kept out of his Just right and priveledges, by the force of 
certain decrees and Orders surreptitionsly obtained by Thomas 
Wollaston, and forcibly executed on y©ur said Petitioner, his 
land and Plantation, contrary to the fundamental! laws of this 
Government, all which your Petitioner is greviously oppressed in, 
almost to the impoverishment of himselfe & family, therefore 
earnestly intreats your honours will be pleased to have a rehearing of 
the matter, that Justice may flow in its due channell, whereby the 
oppression your Petitioner lyeth under will not only be removed, but 
your Petitioner restored to his former absolute right and estate ; and 
your Petitioner as in duty bound, shall ever pray, <kc. 

In behalfe of my husband, 

ELLENAR GRINNTEN. 

Which being read in the hearing of Wollaston, the Gover'' asked 
him whether he had any thing to say against what was desired by the 
Petitioner. 

Wollaston tenderd a Copy of the proceedings by the Provincial! 
Judges, signed Da : Lloyd, & Cur. pr. diet. 

Granthum also produced the Copy of tlie proceedings by the Coun- 
ty Court, in which the Judgment was first given, signed John Whitte, 
Clark. 

Both w"^' contayning the whole matter of fact, with an account of 
the proceedings hatij thcrupon. 

The Secietary produced the following addresse and desire of the 
fpreemen of the Province & Tcrrytorys in Assembly mett, That the 
Gover' & Prov" Councill would be pleased to Command That the De- 
cree and actions in that case, with all y'' Causes & matters thereupon 
depending, might be heard befot e them, as the suprcame Judges of this 
Governm' which is as foUoweth : 

The ffi'ecmen of the Province and Territorys in Assembly mett, 
being duly informed of a certain decree past by Arth. Cook and John 
Symcock, Provinciall Judges, at their Sessions held at Philadelphia on ' 
y" tenth day of the second month, 1688, betweene Thomas Wollas- 
ton and John Grantum, w''' appear to this Assembly to be not only 
very scveere, but the cause alsoe seems usherdin the said Provinciall 
Court, contrary to any known law, or without consent of one of the 
Partys, and the sayd John Grantum complaining of great wrong & 
Injustice Sustained, the ffreemen in Assembly mett, in behalf of 
themselves and all the ffi-eemen of this Province and Territorys, doe 
humbly desire that the Govei'' and Provinciall Councill would be 
pleased to comand the said Decree and action, with all the causes 



PROVINCIAL COUNCIL. 217 

and matters thereupon depending, may be heard before them as the 
supreame Judges of this Govcrnm', whereby right may be done, to 
the honour of God, the peace and prosperity of this Province & Ter- 
ritorys. JOHN WHITE, Speaker. 

Which being read and particularly considered by the board, Each 
of y" partyes concerned being admitted to cleare matters as they could, 
& declaring themselves on both parts willing y' the Gover"' & Councill 
should put an end to the difterences between them ; The Justices also 
of that County, & John Symcock, one of the Provincial! Judges, 
(then present.) desiring the same. 

It appeared to the Board that the said Tho. Wollaston acknowledged 
a judgement in the County Court for the sum of 2Glb. 15sh. good & 
lawfull money, justly due & owing by him upon a bond to y" sayd 
John Grantum,w"' Cost of suit, to be payd in current money, or wheat 
at money price current. 

That tho County Court Ordered Judgement to be enterd therupon, 
and granted Execution accordingly ; That the Sheriffe, pursuant ther- 
unto, seized the uppermost halfe of the said Wollaston's lands, & had 
them appraysed & delivered upon sale by an Out crye, to y° sayd 
Grintham, for 301b. & lOsh. & gave him possession therof; That 
neither y" sayd money, nor wheat in lieu therof, was payd. 

That what the Provinciall Judges did decree & order in this matter 
was not done virtute officy, but as reserves upon bonds enterd into 
by both partyes. 

And that the non payment of the debt, with Costs, was y' occasion 
of all that great expence that y" said Gramton had been put unto, w*^'' 
arose through the said Wollaston default, and many other things being 
controverted between them, wherein they could not agree, they were 
caused to withdraw ; and upon the Question put, It was Resolved & 
agreed, (neminc contradicente,)Viz': 

1''. That the debt due to Grimtham was not satisfy ed by the sayd 
Wollaston before the Sheriff's sale of the Land to Grantham. 

2. That there was no just ground of Exceptions to be taken against 
y proceedings of the County Court in their judgement. 

3. That the Order made by the Provinciall Judges for giving or re- 
storing possession of y" Land to Wollaston, was not intended to be 
Executed till the debt & damages were satisfyed ; which y° sayd John 
Symcock declared upon this hearing. 

Wherupon, both partyes being called in, & indcavonrs used with 
both of them to agree the matter between themselves, &, some pro- 
posalls made for that purpose, Wollaston declared he had better be 
without the land than pay 301h. lOsh. for it, and that he could not 
pay, or give security to Grantham to pay the money to his satisfaction. 

On y*" other hand, Grantham refusing to take the negro for his 
money, (w''' was the cause of the debt,) & refusing to Grant longer 
time & complayning of their being undon by the vast Expences Wol- 
laston had put them to, (which occurred to the Gover' & Councill to 
be the sayd Wollaston's fhylor,) and that the said Wollaston had Reed 
severall years use & benefit of the Negro; v/heras, Gramton was 
out of his money all that while. 

19 



218 MINUTES OF THE 

It was upon the whole matter, Resolved, Ordered & adjudged. 

That Gramton be confirmed in y" sale of }'' Lands made to liim by 
the Shcrifle, as aforesayd, at y^ rate of 301b. lOsh., and that he be also 
allowed the sum of lOlb., at which a certaine parcell of corne grow- 
ing on the sayd Land, & taken off by Grantham Wliilest he had pos- 
session, had been valued, and that this should be in full of all de- 
mands of him, the sayd Grantham, from him, the sayd M^'oUaston, both 
debt, damages & Charges : 

And that the Sherifle of the sayd County of New Castle, (at the 
request of the sayd Grantham,) should be required to restore &, give 
unto him, the said Gramton, the quiet &; peaceable possession of the 
sayd Lands, to hold to him, y*" sayd Gramton, his hoyrs & assigns for 
ever ; Any thing in any former order of this board conteyned to y* 
Contrary notwithstanding : 

That this be the finall conclusion & judgement of this board in that 
case ; And that this Order shall be to the sayd Sheriffe a sufficient 
warrant in that bchalfe. 

John White, Clerk of the sayd County of New Castle, being com- 
playned of by some of the Justices of the sayd County as one who had 
greatly misbehaved himselfo in liis carriage towards the Justices, and 
so provoked them as that divers of them were discouraged in their 
serving the Governm' in that Station, & for that cause had resolved 
against acting therin; and having likewise recorded a returne made 
by three of them to y'' Gover' and Councill, which he acknowledged 
he knew to be fundamentally erronious for want of a date, and 
boasted that he knew it to be so before he enterd it, & y' he did not ac- 
quaint the Justices thereof, & yet did it with intent that he might be 
even with them for finding fault with a defective transcript he had 
made, intimating (as appeared by attestation of James Claypoole) 
that all advantages against an enemy were fayre, which in effect he 
acknowledged, saynng he would not Lye, he had not acted as a 
Christian therin, but rather blamed others for taking offence therat 
than himselfe for giving it. 

The Question being put, it was resolved : 

That that carriage of his in recording the sayd Returne with that 
intent declared by him, was a misdemeanor in his office, & argued 
him unfitt to be trusted with the Custody of Records any longer. 

He being called in, was acquainted therewith & his Commission 
declared voyd. 

Consideration being had of the Erroniousnesse of the sayd Returne 
so entred, It was Resolved : 

That y" sayd Record, so entred by him, should be cancelled in the 
(^lounty book, & was accordingly cancelled at the board, in presence 
of y'' Justices. 

Resolved that the Entry of the same erronious returne made in the 
book of the Provinc" Councill's orders & proceedings, should also be 
cancelled, & was accordingly cancelled at y'^ board, by the Secre. 

The Gover' produced a Letter delivered to his servant by Tho. 
Lloyd, the 8* of March, 1688-9, directed for Governor Black- 
well, signed Tho. Lloyd, Arthur Cook, for Jo" Simcocks, dated 



PROVINCIAL COUNCIL. 219 

Philad. 7"" 1" Mo., 1639, which he shewed to y' said John Simcock 
in the prsence of the Councill, & asked whetlier he owned that to be 
his hand. 

He answerd, No : & Being askd whether he were on y° sayd 7"' of 
y^ sayd month in y'' sayd towne of Philadeli)hia ; 

He answered he was not in Philadelphia since y° 2^ day of the 
sayd month. 

Fie sayd also, he knew nothing of it, nor had he given Tiio. Lloyd 
any allowance to sett his hand to any thing in his absence. 

The Govei-' Enquired of John Simcock, John Bristow, & Barth. 
Coppock, whether they had not read a Commission for Justices, & 
holding a County Court for the County of Chester. John Symcock 
answerd they had. He then told them that he understood upon the 
Road as he came through Chester, that they, with other persons 
named for Justices in the sayd Commission of the peace, had not pub- 
lished their Comission, nor subscribed & ingaged fidelity as by Law 
was required before they Executed their sayd office. Also, neither 
iiad the Sheriffe of the County either publishd or owned his Com- 
mission or authority, whereby they had brought in Question all their 
actings & proceedings in their County Court, and that the Sheriffe 
had renderd himselfe incapable of making returnes of the Elections 
of Provinciall Councillors and Assembly members, and proposed it 
to their Consideration that some thing might be done to prevent the 
inconveniences that might arise by such iregular actings, which had 
brought them into a premunire. 

Upon debate therof, it was thought advisable and agreed that a 
Generall Sessions should be called ; that the Comissions should be 
published, & and the actions done since the vacating their former 
Commission, be confirmed by renewed orders made in the County 
Court, where & when the ffreeholders shall be for that purpose su- 
mond & assembled, and that the same be grounded on an unwilling 
faylor & error in their proceedings. 

Which they promised should be done accordingly. The Gover" 
declaring that should be satisfactory to him, he being willing to be- 
leeve that what was done was not in contempt of authority, as he had 
feared. 



Philadelphia y" 25'" of y' ffirst month, 1689, in y"- Councill 
Roome. 

PRESENT : 

JOHN BLACKVVELL,Esq^, Gover\ 

John Symcock, Barth. Coppock, John Bristow, 

Rob' Turner, Sam" Carpenter, Wm. Markham, Sec'^. 

Grif. Jones, 

The Gover' Directed y* Sec^ to read y' Entry of The proceedings 
of y"* Councill at New Castle. 



220 MINUTES OF THE 

The said proceedings being read, Barth. Coppock rcmcmbrcd y' it 
had been affirmed that y" Justices of Chester had Subscribed y" in- 
"■affcmcnt of ffeidelity to y" Proprietor, required by Law, w*^^'' was also 
remembred by John Bristow, Rob' Turner & Griff. Jones ; and y'^ said 
subscription being produced, dated y" 5"" day of y" ffirst month, (w'" 
was y" ffirst day of y" County Court's Sitting,) y" same was ordered 
to be amended accordingly, &c. 

Thomas Lloyd Came into y" Councill Roome,and y' Gover' asking 
him if he had any thing to say to the board, He answered tliat he 
was Come to present himselfe as y" Law required, w"'in twenty days 
after Election. 

The Gover' told him he knew nothing of it : There was no re- 
turne made thereoff by y' Sheriff. 

Tho. Lloyd replyed tliere was no need of his returne, asy' Gover' 
would ffinde if he look'd into y° Charter, &c. 

The Gover' tould him he Could take no notice of any Election till 
due returne be made, and therefore if he had nothing Else to offer to 
y° board, desii-ed him not to Interrupt their proceedings ; they were 
Entred vpon a matter of another Consideration. Thomas Lloyd said, 
lie vnderstood some thing had been moved about y^ adding y*' Welsh 
towns or tracts to the County of Chester, and if any Such thing were 
proposed desired they might be heard. 

The Gover'' told him no such thing was yet brought before Them ; 
But that if any such thing were wherein it should be found requisite 
to hear them, they Should have notice thereoff. 

adjorned till 3 in y° afternoon. 

POST MERIDIAN. 

Present as iny'' fforenoon. 

The Secretary produced a Petition ffrom severall Justices and In- 
habitants of y'^ County of Chester, directed to y'' Gover'' and Councill- 
The Gover' asked by whome Subscribed : 'twas answered by none. 
He replyed He should not receive it without a Subscription : it was 
delivered to y" persons who attended about it. They Subscribed it. 

The Gover'' then directed it to be read : it was read ; y" Coppy 
Thereoff ffblloweth. (viz :) 

To JOHN BLACKWELL, Esq'., Gover', and the Provinc" Coun- 
cill of Pennsylvania, &c. 

The Humble Petition of y" Justices of Chester County, in the 
behalfe of themselves and Inhabitants of y*^ said County, Sheweth : 

That whereas, y' said County is but of a Small tract of Land, not 
above 9 miles Square, »S,: but Thinly seated, whereby y" said County 
is not able to Support the Charge thereoff; Vppon our humble Request 
to The Proprietor & Gover', and his Serious Consideration of our 
weak Condition, was pleased out of* Compassion to vs, to grant an 
I'^inlargement of y' same, in manner ffollowing, viz : to runn vp ffrom 
Delaware River, along darby mill Creek, y" severall Courses thereoff, 
vntill they took in Radnor and Herford Townshipps ; Then downe to 
y' Skoolkill ; Then vpwards along the severall Courses thereoff, with- 
out Limmitt. 



PROVINCIAL COUNCIL. 221 

Therefore, wee humbly pray you will be pleased to ConfiiTne y° said 
bounds, whereby the County of Chester may be in some mea- 
sure able to defray their necessary Charge, and wee Shall, as in 
duty bound, &c. 

It was signed by Jo" Blunston, Tho. Brassie, Rand" Vernon, Caleb 
Peusey, Tho. Vsher. 

The Gover' Demanded of y'' Petitioners how they would make out 
their alligations. 

They began to relate some passages w'''' had passed ffrom y" Pro- 
prietor about settling the bounds of y^ County of Chester. 

The Gover"" Directed them to withdraw, and putt what they had to 
say and Could depose into writcing: they went ftbrth and brought in 
their severall attestations ffollowing, w'^'' were read, viz : 

I, John Blunstonc, as in relation to y^ Devision of Chester County 
Jfrom Philadelphia, doc thus testifie, that a tfew days before Gove? 
Pcnn left this Province, that vpon y'' bank, by John Simcock's house, 
I moved him to Desidc this matter that had been so long Discoursed, 
who then, before me and Others, did Declare that y'' bounds Should 
thus runn ffrom the mouth of Bow Creek to Mill. Creek, w'^'' should be 
y' bounds vntill it come to y*" Land of Herford, and then to take in the 
Townds of Herford & Rudnor ; from thence to the Skoolkill, and 
take in his mannour of Springtowne, by w*^*" our Pattents Holds : then 
I asked him if he would be pleased to give it vnder his hand, to avoyde 
tfurther Trouble, who answered he would, if any of vs would Come 
the next day to Philadelphia in order therevnto : one was sent, but 
what then obstructed I am not certainCjbuty'y" Gover"' Departed about 
two days after: was signed " JOHN BLUNSTON. 

Randall Vernon sayeth, that some time since Wm. Howell of Har- 
tl>rd, Signified vnto me, and gave it vnder his owne hand, y' some 
time after they there Settled that he asked y^ Gover' to what County 
they Should be joyned or belong vnto, & The Gover' was pleased to 
answer him that they must belong to Chester County : was signed 
R., the mark of Rand" Vernon. 

Our Proprietor and Gover being pleased to grant to me a Commis- 
sion to be Sheriff of The County of Chester, was pleased some time 
after to Express himselfe to me to this purpose : Thomas, I perceive 
that the Skoolkill Creek Comes or runs so vpon the back of Phila- 
delphia, that it makes y^ City almost an Island, so that a Robbery or 
the like may be there Committed and y'' offender gitt over y' Creek and 
so Escape for want of due persute, &c., therefore, I intend that y° 
bounds of Philadelphia County Shall Come about 3 or ffour miles on 
this side of the Skoolkill, and I would not have thee to take notice or 
to oppose that Sheriff in y'' Execution of his office, about Kingses, or 
the like, but I intend to Enlarge this County downewards to Brandy- 
wine : assertained by me, THOMAS VSHER. 

Some of the members of the Prov" Councill asserted the Substance 
thereof, and that y"' same was agreeable with the mapp of the Pro- 
\ince. 

The Survey' Gene"' Deputy was sent for, who showed the bounds 
of the County ffrom the mapp, and being asked by y' Gover' by what 

19* 



222 MINUTES OF THE 

order it was sett out, answered it was so ordered by y* Gover' & Pro- 
vincial! Councill, as would appear by y* Coppy of y' minutes of their 
proceedings, w'"' he produced. 

The Gover'' Directed that the minutes themselves might be serched, 
& Comparcing the same Coppy with the Entry, ffbund them agree in 
Substance. 

'Twas observed by y^ Gover'" and Councill that y° mapp of The Pro- 
vince was the work of Thomas Holme, Survey'' Gene"; that it was 
dedicated to y° Proprietor by y' Publisher ; that many Coppjs had 
been published in England and here in this Province, by w"''' y^ same 
was made notorious to all men's observations & Knowledg, w*out 
Controll or Question, and that 'twas likely many Conveyances of 
Lands might have been passed, Expressing the Situations to lye in 
the Respective Countys; as they were therein Expressed, and that to 
Disallow thereof, for y^Boundai'j's might be of ill Consequence on that 
acco'. 'Twas assorted that the Welsh Inhabitants had Denyed them- 
selves to be any part of The County of Philadelphia, by refuseing to 
bear any share of Charges, or serve in office or Jurys, and the like, 
as to y° County of Chester. 

That the pretence thereof was they were a destinct Barrony, w'*" 
tho' they might be, yet that severall Barronys might be in one and y' 
same County. 

The Gover'' and most of The present members of Councill Decla- 
reing themselves satisfied Concerning their being a part of Chester 
County vpon y^ grounds alliged and proved as aforesaid, Yet, 

ffor as much as Thomas Lloyd had desired they might be heard 
before it were determined, Sam" Carpenter was desired to acquaint 
him that if he, the said Thomas Lloyd, should think ffitt so ffarr to 
Concerne himselfe therein as lo appear in their behalfe, or any other, 
to shew cause why they should not be Declared to be of the County 
of Chester, (as the Proprietor had promised,) they might have liberty 
so to do before the Gover'' and Councill to morrow, between 9 & 10 
in the forenoon, otherwise the Evidence seemed so ffull as that they 
should proceed to Declare their judgment therein. 

James Claypoole, Clark of The County Court of Philadelphia, by 
an address to y"" Gover"' & Councill, Complayned that David Lloyd 
refused to Deliver vp the Records and proceedings of the County 
Court in the time of his being County Clark, and some of the justices 
also informed the board thereof, and that many prejudices had hap- 
ned by y° Clark's not haveing them. David Lloyd being sent for, 
said he had not had time to doe it, haveing been ingaged in a remo- 
vall of his goods, &c., but said he would doe it as soon as he Could : 
the Gover"" Declared to him there being a County Court to sitt this 
week, where they would he needed, that if it were not don in two 
days he Should take a Course with him to Compell him, w'*" he ad- 
vised him to prevent, and Caused him to withdraw. 

Wm. Cloud his Petition was read, setting forth his being taxed for 
y' Levies of one and y^ same tract of Land in both y' County of New 
Castle and y" County of Chester, the w'"" tract of Land was Laid out 



PROVINCIAL COUNCIL. 223 

as in the County of Chester, and was part of fllve hundred acres He 
bought in England of the Proprietor. 

Ordered that the Secretary write a Letter in tlie name of the Gover' 
and Councill, to y' justices of Tiie County of New Castle, to Inquire 
into that matter, and to Certific to y'' Gover'' and Councill the grounds 
of their haveing interrupted him, as is therein Expressed, if it so 
proved, w"' what Convenient Speed they Could, and in the meantime 
to Suspend the Levying y'payment Complaynedof till ffurther Order. 



At a Councill in the Councill Room at Philadelphia y' 26* of y' 
first Mo., 16S9. 



JOHN BLACKWELL, Esq^, Gover'. 
John Bristow, Wm. Yardley, Griff. Jones, 

Sam" Carpenter, Rob' Turner, Wm.Markham,Sec^et^ 

The Gover' directed the Entryes of yesterday proceedings in Coun- 
cill should be read. 

They were read. As also y° minute of y' Councill touching the 
ascertavning the dividing lyne betweene the Countyes of Philadelphia 
& Chester, dated y= 1" of 2. Mo., 1685. 

The same were reviewed & observed by Mr. Yardly. In so much 
as he exprest himselfc he Could not see what was to be sayd against it. 
Sam" Carpenter declared he thought the Welsh people & inhabi- 
tants of Philadelphia County should have longer time. Also Mr. 
Yardly was of the same minde. The Gover' thought there was no 
need of them, the matter being so playne. But directed, if any were 
attending they should be called in. 

The Secretary went out to see if any persons appeared on their be- 
halfe, according to the Liberty Granted & directed to be intimated to 
Tho. Lloyd, at his motion yesterday. 

Tho. Lloyd & John Eckley appeared, and the Cover' asked them 
if they had any thing to object (on the behalfe of y" Welsh people) 
against the Running of the lyne as appeared by the map, which added 
them to y^ County of Chester. 

Tho. Lloyd sayd the Proprietor had given them grounds to Expect 
they should be made a County Pallatine. The Gover' ask'd if any 
such thing had beene past: nothing appeard. 

Tho. Lloyd askd the Gover' by what authority these dividing Lynes 
were drawne. 

It was answerd by the forementioned Order of the Councill, (as 
farre as concerned this matter,) which agreed with the severall depo- 
sitions of what had been promised by the Proprietor, and also with 
the map-lynes, &c. Some other discourses past, but nothing mate- 
riall offerd against the thing; Only Tho. Lloyd declared his opinion, 
That some more time should have been allowed for their appearing to 
make their Exceptions. He also demanded of the Cover' whether the 



224 MINUTES OF THE 

Proprietor had power of himselfe to divide the Countyes, or whether 
the Projjrictor 6c Councill. The Gover"' answerd that by y" said 
Depositions, minutes & map, it appcard to be done by both in this 
case. 

John Eckley declared he had nothing to say, but that he thought 
further time might be allowed in the matter. The Gover"' tould him 
he did not think that the Gover' & Councill could doe nothing about 
limits, but with the popular allowances. 

They both being with-drawne. The (iuestion was put, viz': as many 
as are of opinion that the bounds of the County of Chester Exprest 
by the dividing line marked in the large map of the Province, dedi- 
cated to y^ Proprietor, and being according to the Order of the Pro- 
vincial! Councill dated y" 1" of y' 2'^ month, 1685, are, and shall be 
hereafter, held and esteemed the bounds & dividing lyne betweene 
y" Countyes of Philadelphia & Chester, declare yourselves by rising 
up from your seats. 

It was carried in the affirmative, by Rob* Turner, Griff. Jones, 
John Bristow & Wm. Markham (agreeing with the Gover"^ sense.) 

Sam" Carpenter declaring the ground of his being in the negative 
was not that he was against the thing, & thought it would be & was 
best so; only because that he thought the Welsh people & People of 
Philadelphia should have had longer time for making their defence. 
M'. Yardley of the same minde. 

M''. Bristow brought in the Sheriff's Returne of Ellections for mem- 
bers to serve in the Prov" Councill and Assembly for the County of 
Chester. The Secretary offerd the like Returne, made for the County 
of New Castle: both were read & referred to further Consideration. 

A Petition was presented to the Gover"" & Councill by Humphrey 
Morrey, Phill. Richards, phillip James, Will. Lee, for leave to build 
a wharfe on the side of Delaware River, against y" End of y' 
Chesnutt street, which was read and some things spoken to it ; But 

The further Consideration thereof Referred to the next Sixth day 
of this week. 

Adjourned to y*" 6"" day, being y'= 29'" instant, at 9 of the Clock in 
the forenoone. 



At a meeting of The Councill in the Councill Roomc in Philadel- 
phia the ffirst of The second month, 1689. 

present: 
JO" BLACKWELL, Esq^, Govef. 

Grif. Jones, Luke Watson, Joseph Growdon, 

Wm. Yardley, Sam" Carpenter, Wm. Markham, Sec". 

Barth. Coppock, 

The Gover' ord"* the Entrys of y" Last dayc's proceedings in Coun- 
cill should be read: they were Read accordingly. 

The Gover' Directed y^ Returne made by y° sheriff of y" Countv 



PROVINCIAL COUNCIL. 225 

of Sussex of members to serve in Provincial! Councill &c assembly 
should bo Read. 

Wni. Clark & Jo" Hill, members Returned to serve in Provincial! 
Councill, were directed to withdraw. 

Consideration was fiirst had of VVm. Clark's Election, who had 
served Six years before, wherevpon Sam" Carpenter moved to have 
that part of y" C barter read w'^'' directs that after y" ffirst seaven years 
the persons going off should be vncapable of being Chosen againe 
tlbr on3 year Hollowing, &.c. 

The same was Read: 

And vp^)!! tlie debate it was resolved, Nemine Contradicente, that 
y' Returne of JVm. Clark was good, and that there was no Exceptions 
to be taken against liim, but that he subscribing y' obligation of a 
Pro" Councillor, Should be admitted to take his place: which he 
gubscrib^'J, and was admitted accordingly to sitt in Councill. 

Consideration was also had of Jo" Hill. Jos. Growdon desired 
y° writt Issued for his Election might be read : the same was read, 
and vpon debate it was resolved that y" Returne of Jo° Hill was good, 
and that there was no Exceptions to be taken against him. Jos. 
Growdon, Barth. Coppock, & \Vm. I'ardley desenting. He was Called 
in, & subscribeing, toolc his place in Councill. 

VVm. Stockdale being returned to serve fibr y^ County of New 
Castle, vpon the debate it was resolved, nemine Contradicente, that 
y° Returne was good, & that there was no Exception to be taken 
against him : he was Called in, and vpon his subscription was admitted 
to take his place in y^ Council!. 

John Symcock being returned to serve as a member of Council! 
ffor y° County of Chester, vpon y= Debate it was resolved, nemine 
Contradicente, that y" Returne was good and that there was no Ex- 
ception to be taken against him. He was Called in, &; vpon his 
subscription was admitted to take his place in the Councill. 

John Curtis being returned to serve as a member of Council! ifor y' 
County of Kent, and y° Returne also read, GrifF. Jones acquainted 
y* board y' y" said Curtis had been tFormerly accused by some deso- 
lute persons of treasonable words. Wm. Clark, one of y^ Judges ap- 
poynted on y' occasion, said y" words were not Treasonable, and 
y' y* Grand Jury did returne y" bill Ignoramus, &c., and so said 
GrifF. Jones. Js. Growden said that Curtis was well reputed in his 
County, &.C.: vpon debate it was resolved (nemine Contradicente) 
that there wa«rno ground of Exception against him. He was Called 
in, and vpon his subscription admitted to take his place in y" Council!. 

Jo" Ecklcy was Returned by y° Sheriff to serve as a member of 
Prov" Councill fTor y"^ County of Philadelphia, but with submission to 
y' board fibr that flifty or sixty welsh men who were not of that County 
had joyncd themselves in y° Vote, y** Gover' desired y" Councill's se- 
rious Consideration touching that Returne, and ffor their fTuller in- 
formation, directed y' y^ Entrvs of y"" Councill's pi'oceedings in their 
debate touching y'= bounds and lines between y" County of Phila- 
delphia & Chester, viz : on y" 25'" & 26'" days of y° Last month, 
should be read. They were Read ; And vpon debate it was Resolved 



226 MINUTES OF THE 

y' y' Election of Jo° Ecklcy to be a member of Prov" Councill for 
Philadelphia County, ffor y'' Reasons advertised in y" Returns thereof, 
given by y" sheriff, was not a good election, according to y" Charter 
and Rules therein in that behalfc, Sam" Carpenter, Jos. Growdon, Wm. 
Yardley & Wm. Stockdale only dissenting. 

The Gover' therevpon declared he would Speedily Issue out a new 
writt ffor Chuscing not only ffor Jo" Eckley, but for Sam" Richardson, 
to Supply his place for y" Remainder of his time, he haveing misde- 
meaned himselfe in Councill. Jos. Growdon moved that y" Returne 
of Thomas Loyd ffor to serve as a member of Prov" Councill ffor 
y° County of Bucks might be Considered : y^ Gover'' said it was late 
and y' he had some thing to say ag' it, w'^'' he would declare to them 
at next sitting, w"*" was appoynted y^ next day, viz: y^ 2- of y' 2^ 
month, at 9 of y* Clock, and adjorned accordingly. 



At a Councill in y^ Councill Roome at Philadelphia y^ second day 
of y* second month, 1689. 



JO" BLACKWELL, Esq^, Govern 

Griff. Jones, Jo° Symcock, Wm. Yardly, 

Jos. Growdon, Barth. Coppock, Jo° Curtis, 

Luke Watson, Wm. Clark, Jo" Bristow, 

Jo" Hill, Sam" Carpenter, Wm. Markham, Sec"'. 

Wm. Stockdale, 

The Gover' directed that y^ Entrys of yesterday's proceedings of 
y" Councill should be Read : they were Read : y^ Gover'' acquainted 
y" board he should begin with y' matter w'^'' was Last mentioned; w*^ 
was to acquaint them w* what he had to say against y' admitting y' 
Returne of Thomas Lloyd to set as a member of Prov" Councill ffor 
y' County of Bucks, and made a Large discourse of y*' powers granted 
him by y*" Propri""' Commission fformerly granted to y° Provin" Coun- 
cill and Comm" of State, to w* there was Reference made by his 
said Commission. 

And perticularly setting fforth how the said Thomas Lloyd had by 
his miscarriage in sundry respects, obstructed his, y" said Gover"^, pro- 
ceedings in y" Discharge of his Trust. And haveing delivered in a 
])aper Conteyning the heads of Severall articles of high misdemeanors. 
Crimes and offences, Where with he Charged y^ said Thomas Lloyd, 
in y° name of y'' Proprietor & Cheiff Gover', (w'^ he directed Should 
be Read, and was read accordingly, ) He proposed a Committee 
might be appoynted ffor Considering y" same, &c., ffor preparing and 
makeing ready in Due fforme, articles to be prossecuted and proved 
against y" said Thomas Lloyd, and that therevpon he might be brought 
to a tryall, to be managed in y*" Proprietoi"'s name. Joseph Growdon 
moved that Sam" Richardson might be admitted to Sitt and act as a 
member of Councill ffor y' County of Philadelphia. 



PROVINCIAL COUNCIL. 227 

The Gover' told him his misbehaviour had been such as had Ex- 
cluded him, & that he had given Direction for a writt ffor a new 
Election of one in his Stead : he, y"" said Joseph Growdon, moved also 
y' y^ vote that had past yesterday touching y*^ Returne of y" Election 
made by y^ Sheriffof y*" County of Philadelphia, might be past by y' 
Ballott. The Gover' told him it Could not be admitted ; it was yes- 
terday past by y* vote as had been vsuall, & 'twas affirmed y" ballot- 
ting box had never been made vso off on any such occasion, and that 
he saw no reason to make vse of it in that Case. 

Adjorned till To morrow morning, 9 of y° Clock. 



At a meeting of the Councill in the Councill roomein Philadelphia, 
the 3^ day of the 2^ month, 1689. 

TRESENT : 

JOHN BLACKWELL, E3q^, Gover\ 

Jn" Symcock, Jn" Hill, Sam" Carpenter, 

Jos. Growdon, John Curtis, Grift'. Jones, 

Jn" Bristow, Wm. Stockdale, Luke Watson, 

Wm. Yardlv, Barth. Coppock, Wm. Markham, Sec''. 

Wm. Clark, 

The Gover"" directed the last Entry should be Read ; they were 
Read accordingly. 

The Gover'' was entering upon a discourse touching the heads of 
the articles of charge exhibited against Tho. Lloyd, But whilest he 
was speaking Sam" Richardson, a late member of Councill, came into 
y" Councill roome and sate downc at j" table. 

The Gover'' askd him if he had any thing to say to y" Councill. 

He sayd He came to discharge his duty as a member of that board. 

The Gover' tould him he had beene dismist for his misdemeanors in 
Councill, and that a writt was ordered to be issued for Electing another 
in his Roome, He demanded for what. He knew nothing he had 
done, but that he had sayd thou wert a Deputy Gover'', and that he was 
ready to make good ; and added. He was never heard ; He was never 
heard ; and had asked for a Copy of the minute & could not have it. 

The Secretary sayd: He spake to him therof in the Street, but 
never came to him for it. 

The Gover' tould him It was Enterd, and that his behaviour was 
with so great contempt of the authority of the Proprietor &, that board, 
as could not be borne ; And therefore. Required him to withdraw, 
which he Refused : thereupon The Gover' declared that if the Coun- 
cill did think fitt to suffer such interruptions to his & their proceed- 
ings, and so high affronts to be given him sitting there, & there was 
no way to prevent the Coming of persons, He would adjourne the 
Councill to another time, and provide for his being kept out by some 
officer he would appoint to keepe the doore. 



228 MINUTES OF THE 

The sayd Richardson continuing there, and there being a Silence, 
The Gover'' adjourned till two of the Clock in the afternoone. 

POST MERIDIAM. 

The same persons present. 

The Gover' acquainted the board That he thought fitt That the 
heads of the charge he had exhibited against Tho. Lloyd should be 
prepared: and that as he had when he delivered in the same, pro- 
pounded A Committee might be appoynted for that purpose. 

Joseph Growdon sayd: He thought it was fit That the businesseof 
Sam" Richardson should be considered, that the board might be filled 
with their members, and that he questioned whether the Councill had 
power to Exclude a member chosen by the people, for then they might 
all be Excluded at pleasure, &c. 

The Gover' tould him He doubted not to Exclude him or any mem- 
ber whatsoever, that should misbehave himselfe as he had done ; and 
sayd. It is the undoubted privilege of all Courts & Corporations to 
judge the misbehaviours of their owne members sitting amongst them, 
and that his misbehaviour had been insufferably great in their opinions, 
and was comitted in their view, & consequently. That none could be 
so propper judges therof, and they had so adjudged it. He also 
Added, that many facts done in the view of one justice of the peace, 
Was sufficient for conviction, & Recording it. 

It was moved. The proceedings might be read: they were Read. 
It was objected that y^ Exclusion was but conditional!, and moved 
That he might be allowed to acknowledge his offence, or Fined, &c.- 

The Gover"' sayd He knew not that they could ffine him. That it 
was to late to admitt his acknowledgement if he should tender it now, 
for that a writt was ordered to be issued for a new Election, which 
had beene notifyed by the Sheriffe. Besides, that there seemed to be 
little probabillity of his Submission, for It might be observed how that 
when he appeared in the morning, as he oflerd no such thing, so he 
stood upon his owne innocency & vindication, saying He Knew nothing 
he had done ; and wdien he had been ordered by the Gover'' to with- 
draw, he had refused so to do, and had inforced him to adjourne the 
Councill whilost he was present. 

In fine. That the affront was insufferable. That it had been allrcadv 
adjudged; and that he should not sitt there to suffer such abuses & 
affronts, nor Avould he bear them from any member sitting at that 
board ; and that he would advertise the Proprietor accordingly, and 
abide his Censure. 

Many intemperate Speeches & passages happend, ffitt to be had 
in oblivion. 

The Gover'' desired therefore, They would forbeare all provoking 
heats & annimositj'es inthcir further proceedings, and proposed againe, 
That a ("omittee might be appoynted to ])repare & forme the charge 
against Tho. Lloyd, for that before they entcrd upon preparing Bills, 
It was fit they should be in a Capacity to make them & Execute them 
when made Laws, which could not be till those things were considered, 
and due remedyes applyed, and that depended thereon, The sayd 



PROVINCIAL COUNCIL. 229 

Tho. Lloyd assuming to himself to render all their attempts insignifi- 
cant whilest he refused to set the Great Seale in cases Requisit. 

Here againe arose some war me debates, divers of the members ex- 
pressing their in-ordinate affections for the sayd Tho. Lloyd ; and 
saying they coidd not (& one of them he would not) believe him to 
be such a person, & so guilty as was mentioned in the Charge. 

Tho Gover' tould them the things would be proved. 

Some moved that he might be sent for and heard what he had to 
say for himselfe, before there were any further proceedings, saying it 
may be he could give the board satisfaction. 

The Gover'' Replyed The articles were not finished, and It was 
against all the Rules of judiciall proceedings to Require a man to an- 
swer till his charge was ready. He added, That he had in the name 
of his master charged him with crymes, offences & misdemeanors, 
which were well known to himselfe, the Gover'', and to divers other 
members of that board present to have been comitted by him. That 
when tho charge was ready He should be sent for. It should then be 
Read to him and his answer required, and a Coppy therof & time given 
him for making his deffencc. But that divers of the things were so 
well known to be true, and were of so high a nature, and so mischiev- 
ous & obstructive to his and their proceedings in the Governm', as by 
the Charter and Laws was required, that without application of due 
rcmedves it was in vayne for him & them to sitt there, (w''' was like- 
wise declared to be the opinion of divers of the members present ; 
but was of little esteeme with others, on the account of their tender- 
nessc towards him,) and the sayd motions rejected in such warme 
Expressions as are not fitt to be Recorded. 

[t was objected by some that such proceedings against such a per- 
son would be of ill consequence to the Contrey at this time, in that 
it would discourage persons from coming over amongst them, &;c. 

It was answered That on the contrary, if partiallity were used, that 
would more discourage persons ; Especially where justice required 
their detestation of such things comitted by friends, if they should 
not Testify against it, &.c. 

The Governor tould them It was ncedfull to lay aside affection, & to do 
justice on the behalfe ofthe Proprietor &people, and tould them, if they 
should not think fitt to direct a further proceedings, he would himself 
appoynt some persons to do what he had moved, in order to the per- 
fecting the charge, and preparing, methodizing & mannageing the 
evidence. 

It was answered by some. He might if he would ; they were not 
satisfyed in it. 

Wherupon the Gover' thought fitt to give them a dayes respit to con- 
sider what they would do. 

It was moved They might sitt in a grand Comittoe amongst them- 
selves. 

The Gover., (being aware of what was indeavord abroad,) &c., 
Replyed, He saw how hard a matter it was for them to keep within 
y' bounds of due respect to each other : That he did not therefore 

20 



280 MINUTES OF THE 

think fitt to allow therof unlesse himselfe were present, as he conceiv- 
ed it was his duty to be at all their meetings & transactions in pub- 
lique affayres. 

It was answered that would not do, &c. 

Thereupon the Governor adjourned the Councill untill the o'*" day 
of the month, at nine of the clock in the forcnoone. 



At a Councill mett in the Councill Roome in Philadelphia, the 5"' 
of y= 9.' Mo., 1689. 

pnESE>^T: 
JOHN BLACKWELL, Ksq\, Gov^ 

Wm. Clark, Gritf. Jones, Wm. Yardly, 

P" Alrichs, Jn°. Symcock, Earth. Coppock, 

Luke Watson, Jn". Bristow, Sam" Carpenter, 

Jn". D'Haes, Wm. Stockdale, .Tn°. Curtis, 

Jn". Hill, Jos. Growdon, Wm. Markham, Secre. 

The Governor & Councill being assembled & Sate, were entring upon 
businesse, But were interrupted by Tho. Lloyd's comming in, in man- 
ner following, viz': 

The Gover' asked him if he had any thing to say to the Councill. 

He answered that he came to take his place & do his duty as u 
member of that board. 

The Gover' tould him, There was nothing Expected of him untill 
he should have given satisfaction to y° board touching severall high 
crimes, offences & misdemeanors, wherewith he stood charged. And 
therefore desired him to withdraw & not to hinder their proceedings. 
He Replyed, (amongst other things,) He had as good Right to sitt 
there & give his advice as the Gover' had to be Gover^ That he had 
a double Right, &c. The Gover"' tould him It was not so judged, &c,. 
and in as much as he would not withdraw the Gover' adjourned to his 
owne Lodgeing in Philadelphia, and arose; Requireing the members of 
of the Board to attend him there forthwith. 

Most of the members stayed some time, during Which there were 
so sharped unsavoury Expressions used by him, the sayd Tho. Lloyd, 
to the provoking divers of y" sayd members, some of which were 
heard by the Governor himselfe, whilest he stayed without the doore, 
&; others of w* was acquainted by the Secretary, who came out to 
him & tould him they were in such heats & quarrellings as he believed 
would not Easily End If the Gover' did not returne & comand their 
departure. The Governor Returned and Required of him, y*' sayd 
Tho. Lloyd, that he should depart ; and likewise the members of y* 
Councill, that they forthwith attend him to y" place to w'''' he had ad- 
journed them. Some of them, to the number of 6 or 7, went away 
with the Governor, and the Rest came all of them in a short space 
afterwards. 



PROVINCIAL COUNCIL. 231 

Being sate, The Governor directed the Entryes of y" last daye's 
proceedings might be Read : they were read. 

Some Exceptions were taken against some parts of it by Sam" Car- 
penter: the Gover'' thereupon directed they should be read over, in 
parts, That notice might be taken of the particulars. 

Joseph Growdon declared himself against the whole, but in reading 
that part wherin it was exprest That he questioned wether the Coun- 
cill had power to exclude a member chosen by the people, for then 
they might be excluded at pleasure : he sayd he did not remember that he 
used the words at pleasure. Also, y" words [they were Read there- 
vpon] Excepted ag" agreed to be put out. 

Sam" Carpenter sayd. He did not know That any intemperate 
speeches had been used, and moved That part might be omitted in 
the Entryes. 

The Gover'' Replyed he judged them to be so. John Symcock Ex- 
prest his desiie that y'^ word [in-ordinate] where it is sayd divers of 
the members expressing their in ordinate affections for y'= sayd Tho. 
Lloyd. The Gover"' Replyed that was his sence of it, for that he 
could not prevayle with them to put the charge into a way of pro- 
cedure, &c. 

This being over, The Governor desired they would severally declare 
their opinions, whether That interruption & disturbance to their 
peaceable sitting in the Councill Roome, made & given by The. 
Lloyd, were not a misbehaviour in him: divers of them particularly 
& expressly declared they so adjudged it, and that it could not be 
judged otherwise: Others were of a contrary opinion; and some would 
not speak as to y" behavior or misbehavior, but declared obliquely, 
viz ; One that it was not his opinion That Tho. Lloyd came there 
with intention or designe to misbehave himself; some That his coming 
to demand his right was not a misbehaviour; others y' they were not 
present at y' begining & did not see any misbehaviour ; others that 
there was not any likelyhood of their going together by the ears, as 
had beene affirmed. 

Wm. Clark sayd no member of Councill ought to challenge a place 
till his qualification be judged by the Councill; he doubted not but 
Tho. Lloyd was duely Elected; but there was a high charge against 
him, and in such cases It had beene the usuall method of the proceed- 
ings of that board not to admitt members returned till they had cleared 
themselves, for that till then he is to be look'd upon as a person that 
may be guilty, at least by some persons, and that till he be cleared 
he ought not to attempt to take the seate of a member at the board. 
John Hill sayd that was his case: he was not admitted after long at- 
tendance, and that though he had not spoken or acted as Tho. Lloyd 
had done, yet Tho. Lloyd said he ought to be bound to the good be- 
haviour, &c. Joseph Growdon moved for y'' Ballot. The Gover'' an- 
swered He had not heard that ever it was used in Councill before he 
came. But now that he had heard their severall opinions, He would 
take it upon himselfe to Exercise his authority, as he was directed by 
the Honb'" Prop"' & Chief Governor, for suppressing all factions, Se 
ditions (fc animosityes, and so past off from that debate. 



232 MINUTES OF THE 

The Govcr'' moved to know their mindes wliether they would enter 
upon the consideration of preparing bills to be past into Laws, & tould 
them he would put the businesse of the charge against Tho. Lloyd, 
into a way of perparation for their proceedings theron : after many 
tliinghs sayd in debate, The Governor proposed thisQuestion, Viz'.: 

As many as are of opinion That this Councill shall proceed upon 
the businesse of preparing bills to be past into Laws, and that there 
is a sufficient number to proceed theron, declare yourselves by stand- 
ing up from y'' seates. It was carryed in the affirmative by Eleaven 
of 15 voyes ot y" members present. The 4 dissenters were Sam" 
( 'arpenter, Jos. Growdon, Wm. Yardly and Jn" Bristow. 

And in order to their better jiroceedings therin, It was Resolved and 
ordered, 

1. That the Rolls of all the Laws and ingrost lawes of this Pro- 
vince &i Countyes annexed, appoynted by the King's Letters pattents, 
to be published under the scale, shall be brought before this board by 
the Keeper & master of the Rolls, or his Deputy, in order to the con- 
sideration of them, whether they have that Sanction which the Patent 
& Charter requires. 

2. That the time for bringing them in shall be at y ■ next sitting of 
the Councill. 

3. That Wm. Clark, John Symcock, & Jn" Bristow, do attend the 
Keeper with these Resolves. 

Adjorncd till nine of y'' Clock to morrow morning. 



At a Councill in the Councill Roome at Philadelphia, y* 6* of y'2"" 
month, 1689. 

present: 

JOHN BLACKWELL, Escf ., Gover\ 

John D'Haes, Jn" Symcock, Wm. Stockdale, 

Pef Alrichs, Barth. Coppock, Jos. Growdon, 

Wm. Clark, Griff. Jones, AVm. Yardley, 

J^uke Watson, Jn° Curtis, Wm. Markham, Secre. 

Jn" Bristow, Jn" Hill, 

The Govcr'' directed y^ Entry of the proceedings of the last Coun- 
cill should be Read. They were Read. 

Wm. Clark (in presence of John Symcock & Jn" Bristow) Report- 
ed to y' Councill That In obedience to y^ Resolves & order of y' 
board jjast at the last sitting, they did go to the Keeper & Master of 
the Rolls to acquaint him with those Resolves, &- did acquaint him 
therwith ; upon which he ask'd whetjier or no that they were to de- 
liver as a message was by word of mouth or in writing. That they 
answered. That they had not any distinct comand about that, but 
that he had a Coppy of the sayd liesolves, which he delivered to him; 
and that after he had perused it, the Keeper returned this answer : 
That he would prepare his answer for it. That he asked the Keeper 



PROVINCIAL COUNCIL. 233 

when it might be expected, & told him it was desired the board might 
have it this morning. The Keeper answer'd He should take care 
of it. 

The Keeper presented himselfe in the Councill roome. 

The Gover'' acquainted him with the substance of the Resolves, and 
that the Comittee appoynted had Reported. That he sayd he would 
give in his answer. 

The Keeper tenderd his answer in writting, w'^'" was read by y^ Secre. 
and is as foUoweth, Viz': 

To the present Gov'' & members of Prov: Councel. 

I received y' Resolves this Evening late, of my bringing to your 
next Councel the Rolls of all the Laws & Ingrosscd Laws of this Prov. 
&Territories, appointed by the King's Letter's Patents to be published 
under the Seal; Truely I know n' any such Laws, either in Rolls or 
ingrossem', so appointed to be published, neither can I understand by 
your Order what Seal is meant, whether the Greater or Lesser: neither 
have I declined my Duty in inrolling or legally recording any Laws 
w* the Gov'' & Councel, or General Assembly, have Recomended 
or directed to my Office : The Truest ingrossed Copy of the Laws 
w'* I know of is that which belongeth to & was used at the Board by 
the Proprietarie & Gover'', & as I suppose, may Conteyn all the Laws 
made Since, & which Copy was generally perused upon Legislation. 
A fuller answer I cannot well give in so short a Time, but shall en- 
deavour personally to returne you further satisfaction to what Ques- 
tions you may propose herein. 

THO. LLOYD, M\ of the Rolls. 

PiiiLADELPir. the 5' sec M"., 1689. 

The Gover"" asked the Keeper whether any Laws of this Contrey 
had been past or published under y" Great Scale : He answered The 
' )riginall Chai ter (which now* remayns in his custodv.) was past 
under the Great Scale, but no other Lawes that he knowcs of, Except 
y' act of union, were, which in y* close therof is sajd to be past un- 
der the Great Seale, but he knows not where that is, or whether it 
were past under the Great Seale or not. 

The Governor askd the Master of the Rolls \thether the Laws were 
enrolled in parchm' Rolls, as by the Charter & his Comission of Mas- 
ter of the Rolls is required. He answerd. None but y^ first 60 Laws 
past at Chester had been inrolled ; That their inrollm' was before his 
:iine ; and he could not say that those Rolls weie anthentique Coppyes: 
Mid that he did not know any better Coppy of the Lavv'S than that 
w'^'' the Councill hath. 

Some Question arose whether the Laws were to be published under 
the Great or the Lesser Scale. The Gover' declared That by y" 
1 jOtters patents from the King, they w-ei-e to be published under y'" Seale 
of Wm. Penn or his heirs, and that by the Proprietor's Comission to 
the Keeper of y' Great Seale, He was appoynted to passe them under 
llie Great Seale. 

Grilf. Jones proposed that the Inrolled Coppyes of the first 60 Lawes 
might be compared wUh the Coppy used at the Councill, and that the 
Councill's book of Laws might be sett tight lor so farre. Approved 

20* 



234 MINUTES OF THE 

thcrof: & in order thereunto, The Gover' proposed, That those Rolls 
should bo brought to y" Councill & compared, for that purpose. The 
Keeper promised The Rolls should be delivered to y*" Secretary, or 
whom the board should direct, & left with them for the space of a 
week, or such time as they should think fit, in order therunto. 

The Gover'' Proposed That theComittee sent yesterday to the Keeper 
might be desired to attend the Keeper for the Receiving the sayd 
Rolls. ' 

The Comittee went, and after a short space returned with three 
parchm' Rolls, conteyning the Enrollment of 69 Lawes, according to 
the numbring of them with figures. 

The Board Refered them to the Secretary, to be Examined by com- 
paring them with the Councill's book of Laws, and directed That if 
he found any variations in the numbring or Coppying of them, such 
variations should be Reported to y* board at next sitting. 

Adjourned to the 2'^ day next week, at 10 of y" clock in the fore- 
noone. 



At a Councill in the Councill Roome at Philadelphia y^ 8"' of y'^ 2^ 
Mo., 1689. 

present: 
JOHN BLACKWELL, Esq^ Gover\ 
Wm. Clark, Wm. Yardly, Wm. Stockdale, 

Jn" Symcock, Griff. Jones, Jn° D'Haes, 

Jn" Curtis, Luke Watson, Pef Alrichs, 

Joseph Growdon, John Bristow, Sam" Carpenter, 

Jn" Hill, Barth. Coppock, Wm. Markham, Secre. 

The Gover'' directed y" Secetary to Read the entryes of y° last 
Councill's proceedings. They were read. 

The Gover^ caused two Letters to be read, directed to him from y^ 
Justices & Sheriffe of y" County of Sussex, touching a Rumor of an 
invasion made on Maryland by 9000 Sennekers & tfrench, &c. But 
y'' board having received advertissem' That it was groundlcsse, It was 
thought filt That y" Gover' should returne thanks to y' Gent, for their 
care, but withall to caution them that they do not herafter presume to 
rayse the Contrey without more manifest cause; and directions for that 
purpose. 

The Secretary Reported his having Examined & compared the 
Rolls of y" first 60 Lawes with y" CouncilPs book of Laws. He 
found little agreem', and that y° sayd Rolls, as y" Keeper sayd last 
sitting of y*" Councill, were not authentique ; So that there was no 
depending on them. 

The Gover' proposed their proceedurc upon the consideration of 
y" fundamental! Lawes, & agreed w** were the fundamentall. Viz' : 
the act of Naturalization or union, y' first, 36", 37% 38°, 43% 51*^, 
56'% 57'% SS*^-, 62% 64'% 67'% and 132% 



PROVINCIAL COUNCIL. 235 

The Gover' proposed they would be Serious in y^ Consideration 
whether y' sayd fundamental! laws were sufficiently confirmed or 
Established, having not been published under y'' Seale, as by y'' King's 
patents was directed, and that they would come prepared to Resolve 
it to morrow morning, 9 of y' Clock. 

Ordered y' y' parchm' Rolls rec' Saturday of y° Keeper, should be 
Returned by y" Com'""" that brought them. 

Adjorned till to morrow morning, 9 of y^ clock. 



At a Meeting of the Provinciall Council! in the Council! Roome at 
Philadelphia the 9"" day of y' 2' Mo., 1689. 

present: 
JOHN BLACKWELL, Esq^ Gov^ 

Wm. Clark, Peter Alrichs, Barth. Coppock, 

Luke AV^atson, John D'Haes, Jos. Growden, 

Jn" Hill, Wm. Stockdale, Wm. Yardly, 

Griff". Jones, Jn" Symcock, Wm. Markham, Se. 

Jn° Curtis, Jn" Bristow, 

Tlie Gover"" directed y^ Secre to read the Entryes of the last day's 
proceedings. They were read. 

The Governor acquainted the board that he hoped they were come 
prepared for the Consideration & further debate about preparing Bills 
adjourned to this time; But witliall, that he thought meet to acquaint 
them That he had this morning received a printed paper, (called the 
fframe of the Governm'. of this Province, &c.,) brought unto him by 
the Secretary, who sayd he had it from VVm. Clark, a member of this 
board, and that he had it from Jos. Growdon; who being present, the 
Gover' desired to know of liim liow he came by it. 

Jos. Growdon answerd, Wm. Clark had a little book of me. 

The Gover' asked him againe how he came by it, & tould him, It 
was a high presumption in any man, especially a member of that 
board, to promote the publishing of any paper of such concerne with- 
out direction, Especialy for that it was false in so fundamental! a 
poynt as that was, and that unlesse he could cleare himselfe he was 
liable to Censure. 

Growdon answerd, If there were any error it was in tlie printing 
of it. 

The Gover' askd Wm. Clark whether he had Received it from Jos. 
Growdon. He answerd he had, & that he askd him 6'^ for it, &. 
tould him it cost him S'*" printing, & that heofferd liim 6 more for IS**. 

The Gover' asked Growdon who printed it. He answerd he did 
not know. Tlie Governor askd him whether he !iad ordered the 
printing of it. 

He answerd. He was not bound to accuse himselfe. 

Being asked when he gave it out to bo printed. He answerd He 
supposed tliat what was printed Was printed before yesterday, and he 



236 MINUTES OF THE 

did not think he was bound to answer any further about it. He did 
not intend any hurt in what he had done in giving out some of the 
papers. 

The Gover' having askd liim if he had any thing more to say, 
He was silent. He then directed him to withdraw, whilest y^ Coun- 
cill should consider what to do in it. 

He sayd, He did not think fitt to withdraw. 

The Gover'' proposed it to y" Councill to declare their opinions 
whether he ought not to withdraw whilest it was debated. They being 
silent, 

The Gover' adjourned the Councill till 2 of y° Clock in the after- 
noone. 

POST MERIDIEM. 

The same members present, & Sam" Carpenter. 

The Gover' sayd He should take up the businesse of Jos. Growdon 
publishing the printed paper produced in the morning. For that he 
lookd upon it as being of a dangerous nature (in the present Condi- 
tion of our affayrs, and distractions the Countrey were in) to have 
such a paper published ; not only for that it was false, But for that 
the Proprietor had declared himselfe against the using of the printing 
presse; and Especially for that there seemed to him to be severall 
things therein conteyned which though they might be fit for the peo- 
ple of this Province to know, (and that they might do by having 
Resort to the Keeper's, where it was lodged,) but would be of ill conse- 
quence to be Known to others, and possibly might bring the Proprie- 
tor's title in question, &c., and therefore declared He Expected That 
Jos. Growdon should withdraw, whilest they gave their sense 
about it. 

Jn" Symcock declared he was not satisfyed that it was any preju- 
dice to y^ Contrcy, for that the Gover' had sayd He would have the 
Children taught it. 

The Governor Replyed: are you not satisfyed That Growdon should 
withdraw till it be debated. 

Growdon himselfe sayd. He did not think fitt to withdraw to be 
judged behinde his back. 

John Eckley came in the Councill Roome, and sayd he M'as come 
to offer himselfe to y* board to do his duty. The Gover' tould him 
they w^ere at present on another consideration, & desired him to with- 
draw till that was over. 

Jos. Growdon demanded That all the members of the Councill 
might be admitted before they proceeded any further. 

The Gover' tould them they were all present Except Tho. Lloyd, 
who stood charged with so high Crimes, offences & misdemeanors, as 
he could not think fitt to admitt him till he had answerd to them, w"'' 
he found them unwilling to bring him to a tryall upon, and Sam" 
Richardson, who was Excluded for great contempt of the Proprietor's 
& Gover" authority : Only John Eckley, whose Elections they had 
voted illegall. 

Wherupon Wm. Yardley declared. Except we may have our 
members w"''' were duly & according to charter Elected, & intrusted 
by the people for the service of y" Contrey, admitted to sitt with us 



PROVINCIAL COUNCIL. 237 

tor the service that is Expected by them that chose them, desired we 
mav be dismist rather than to sitt here. 

The Gover"' sayd he knew ot'none kept out That are duly Elected, 
unlesse (as he had sayd before) such as are under a charge &: 
Sentence of this board of misdemeanor. 

Jn" Hill sayd : That he observed since he had been at Councill, 
there had been many obstructions in our debates for making Laws; 
that we could not proceed. I desire we may be dismist, & think it 
best the Gover'' chose his owne Councill: we cannot agree. 

.In" D'Haes sayd: For my part I was chosen by the Contrey, and 
1 sec no businesse can be done but bj quarrelling at every thing. So 
that we are all hindred from doing any thing: I desire we may be 
dismist & not required to stay longer: we can do no good. 

Sam" Carpenter sayd: As to that man that appeared last, (viz: 
Jn" Eckley,) I hope thou hast nothing against him nor his Election. 
If thf)u hast, I desire to know what thou hast. I desire he may be 
admitted to take his place. 

Joseph Growdon sayd the Ballot was to decide doubtfuU questions. 

Grifi'. Jones sayd there were such disorders at the Election as he 
never saw before. We desired the Poll and Ballot, and appealed 
whether there were not many persons present that were inhabitants 
of Chester Countey, and that came out of Jarsey, which by the Poll 
or Ballot we should have known whether they had right or not to 
elect, & could not otherwise be determined. 

I did as much as in me lay to have it done by the Ballot, as the 
Charter directed, &c. But I am sure we spend our owne time & 
money, & the Contrey's, in hopes of having laws, but we cannot hitt 
it; we are hindred from doing any thing ; Therefore, I think it is best 
for every one of us to go about our businesse. We do but Exaspe- 
rate & provoke one another, and beget heats & animosityes, to the 
hurt of the Governm'. 

Jn" Symcock sayd: as to the writ that went out for the Election of 
.Tohn Eckley, If I mistake not there were some things in it as that 
They should either make a new Election or stand to their first choyse ; 
and if so, thou mavest be satisfyed. 

The Gover' Replyed he did not remember any such thing ; But 
should be as glad as any man to finde there were a doore open to 
admitt him, for he looked upon him as a very worthy person. But he 
thought it was otherwise. 

The Gover' desired the Entry of the writt might be read. 

Whilest that was sent for, in order to the Reading of it, Wm. Stock- 
dale sayd He wonderd that the Ballotting box should in some Cases be 
so much cryed up & at other times de-nyed, wherein our priviledges 
&. libertyes are much concerned. 

The Gover' sayd: I will answcr.for my denyall therof in such cases 
wherin I have not thought it necessary to use it. But (added) I see 
there is such a ffactionmade amongst you of this board, That I can- 
not answer it to trust the afFayrs of the Governm' comitted to me, unto 
such a Clandestine decision; For I see how you are influenced, many 
of you, &c. But besides, I am assured It has not beene used in like 
cases before my coming at this board. 



238 MINUTES OF THE 

The Secretary produced the Entry of the vvritt of Election of JnP 
Eckley, &c., w"'' was Read; which is as followeth, viz': 
JOHN BLACKWELL, Esq'., Govern' of the Province of Pensilva- 

nia & Countyes annexed, Under the Honb'^ William Penn, Lord 

Proprietor and Cheif Governor of the same, & his Heirs. 

To John Claypoole, High Sheriffe of the (bounty of Philadelphia, 
sendeth Greeting: — 

Wheras, it hath appeared to y" Provinciall Councill, by your return 
of Elections made the Eleventh day of the first month, commonly call- 
ed March, bearing date the 29'" day of the first month, 1689, That 
a great number of Persons having mett in Philadelphia for the Elec- 
tion of one person for a member of Provinciall Councill, and six for 
assembly, amongst which were about 50 or 60 persons of the Town- 
ship of Haverford & Radnor, «Ssc., who were supposed not to belong 
to the County of Philadelphia ; Yett they then gave their Vote by 
Ballott, with y" Freemen of the sayd County; Wherupon the sayd 
Election was by the sayd Councill resolved not to be a good Election, 
according to the Charter and rules in that behalfe, although they 
could not but approve of the sayd Jn° Eckley as a worthy and fitt 
person : And whereas, Sam" Richardson, a late member of the sayd 
Prov" Councill, through his great misdemeanor, as well towards the 
Honb''' Proprietor, in contemning & denying his authority, as towards 
the present Govcr' under him and his Heirs, Insolently denying him 
to be Gover', and that the Proprietor could not make a Gover' and 
other wrath full and outragious words, deportem' & carriage of his, 
in view of the Councill sitting for mannagem' of the affayrs of the 
Governm', w* occationed the Vote and resolve following to be past 
against him on the 25"' day of the last IS"" month, viz': that the words 
& Carriage of the sayd Sam" Richardson were unwhorty and unbe- 
coming a member of y^ Councill to the Govern and that he ought to 
acknowledge his offence and promise more respect and heed for the 
future, before he be allowed to sitt againe in Councill : and wheras, 
he, the sayd Sam" Richardson, persisting in his obstinacy, hath not 
to this day either acknowledged his sayd offences, or promissed more 
respect or heed for the future, but declared himselfe, he cared not 
whether ever he satt there more again : And wheras, there is a pre- 
sent need of the full number of members to serve for provin" Councill, 
as by Charter is required for preparing bills to be past into Laws, 
and other Weighty matters : 

These are therfore, by his Maj'^° authority, and in the name of the 
Honb'* Lord Proprietor and Cheif Governor, to will and require you 
to give as Speedy and timely notice as may be to the Freemen Inhabi- 
tants within your County capable of Electing, That they meet at the 
usuall place of meeting for such purposes, on the eighth day of this instant 
month, comonly Called Aprill, between the Hours of nine & Eleven, 
then and there to Elect and Choose from amongst themselves Two 
persons, of whom they have had experience for their approved fidehty,. 
Virtue, Wisdome, Ability and Peaceable demeanor, to serve in the 
sayd Prov" Councill, Viz'.: either by confirming the sayd Jn° Eckley, 
or choosing some other whom they shall think fitt in his stead, for the 



PROVINCIAL COUNCIL. 239 

\erme of Three years ; and whom else they shall think fittest to serve 
in the stead of y^ sayd Sam" Richardson, for the remaining Space of 
two years of the three for which he was Choosen; and that you make 
due returne therof to the Gover' & Prov" Councill, for which this 
shall be your Warrant. Given at Philadelphia, the 2'* day of the 
Second month, in the 5"" year of the Reign of King James the Second 
of England, &c., and ninth of the Proprietor's Governm' in and over 
this Province, &c., anno Dom. 1689. 

The Gover"' Declared He was sorry It did not answer Jn" Symcock's 
Expectation, for he did not findc. That they were directed to confirme 
Jn" Eckley otherwise than in the usuall way directed by the Charter 
for Election by the Ballot, which had been demanded, but the disor- 
der of the people would not permit it. 

Wm. Clark sayd: He did not see that necessity of the Ballot for 
Jn" Eckley, but to have a free vote for his confirming, and thought he 
miglit be admitted for any thing that he did understand. 

John Bristow desired to know whether the Sheriife had made any 
Returne of it or no, & desired the Returne might be read if it were 
made. 

The Sheriffe's Returne was read by the Secretary, w'*' is as fol- 
io weth, viz'. : 

To the Honb"' JOHN BLACKVVELL, Esq^, Govern^ of the Pro- 
vince of Pennsilvania and Countyes annexed, and Provincial! 
Councill, &c. 

•v^'^-f According to a Warrant from y" sayd HonV' Gover', to 
45[^P|i^ me directed, the Ffreemen of this County mett at y^ time 
HoKj^lw^ and place therin Specified, and a method being proposed, 
"♦^^fc^^* they did declare that at that time they were not willing to 
vote by Ballott, and then nominating Jn° Eckley, they did 
by Maj' Vote confirm him to be their representative in Councill for 
the term of Three years ; and afterwards putting up Sam" Richard- 
son, they did by Maj'' Vote Elect him for the remaining time he was 
to have served, and likewise declared their willingness to Confirm the 
former Choice of members for Assembly. In Witness wherof, I 
have hereunto sett my hand and Seal, the Eighth day of the Second 
month, in the ffifth year of the King's Reign, & ninth of Ihc Lord 
Proprietor's Governm'., Anno Dom. 1689. 

JOHN CLAYPOOLE, Sheriff". 

John Bristow observed upon it. That the writt was satisfyed by that 
returne; For it was a confirming John Eckley, as was directed by 
the writt. 

Wm. Yardlysayd: My opinion is, That the Return of the Sherifle 
is that the people have confirmed that Election that was before, and 
so has answered the writt, and that he has right to come & take his 
place. 

Bath. Coppock declared : He was of the same opinion with the 
member that spake last. 

Wm. Stockdale sayd : I do also agree with what the last inember 
sayd. Sam" Carpenter sayd : The use of the Ballot is w^here there is 



240 MINUTES OF THE 

doubt. Here it was apparent, & therfore I think it is as well every 
whitt in this case. 

The Gover'' savd: The former Election has been allready deter- 
mined not to be a good Election, and therefore that cannot be insisted 
upon. 

John Curtis sayd: I think it was a very fayre Election. In other 
places we are Generally chosen by the Vote: and 1 think where they 
are unanimous, there needs no controvercy. 

The Ballotting box is not used in any other place but this County. 
Wee are Elected by Vote.' 

GrifF. Jones answered That was a mistake, for it is used at upland 
& in all the Lower Countyes, by black & white beanes put into a 
hatt, w'" is a balloting in his sense, & cannot be denyed by the Char- 
ter, where it is demanded. 

The Gover'' sayd I talce it to be so agreed by the Charter that the 
Election shall be by y^ ballot, and am sorry it was not so done in this 
County upon this occasion, where they had alwayes heretofore insisted 
upon it as their Right. But I do not yet see how it can be allowed 
that Jn" Eckley should sitt. 

Sam" Carpenter sayd : I look upon it that we are judges of Our 
members, otherwise we may be Refused or turned out at pleasure. 
We are abused. 

The Gover' desired him to Explayne himselfe by whom they v/ere 
abused. His answer was as dark as his former Expression ; and so 
was past over 

Wm. Clark sayd: a great dealeof time hath been spent & little or 
nothing done. We mett as a legislative Councill in order to preparing 
lawes. But we are not yet gotten to the begining of that ; and I do not 
see we are like tOfjnake any progresse in it. One thing or other does 
happen amongst ourselves to put a Stop to our procedure, and now the 
time is so farr spent that I think we shall not have time to go on with 
it if there were no objections in the way. We have sate already longer 
than we used to do on this occasion, and for as much as we are not 
like to do any thing, I desire we may be dismist to our private Con- 
cernes. 

Griff. Jones sayd: I have once already, &; I doe againe desire, if wo 
cannot go on to make Laws for the Province &; Countyes annexed, 
& people therof, & that without interruption, That we may have 
liberty to go about our businesse. 

Peter Alrich sayd: I desire we may be dismist & go about our 
businesse; things standing as they do, that we cannot be suffered to 
proceed. 

Wm. Stockdale sayd: I desire we may have our members for car- 
rying on of what lyes before us, as we ought to do, &:c. 

'Wm. Markham sayd: He thought it was necessary the Councill 
should be dismist; he saw no service they like to do, & that it was too 
late now to begin to prepare lawes seasonably. 

Jn" Symcocksayd: A dismisse might be acceptable enough to most or 
all of us, but we are obliged to do some service for w''*' we came, and to 
that end we have mostly all along desired to have our members. I 



PROVINCIAL COUNCIL. v>41 

desire that what of our time remayns we may indeavor to spend it to 
the purpose intended. 

The Gover' sayd : I am sorry we have beene renderd thus indisposed 
thereto by Councills from abroad. I have frequently given you the 
grounds of my not agreeing with you, as to the bringing in the three 
members you would have. I have a Conscience to be Exercised, & 
a duty incumbent in discharge of my trust, as well as any of you, 
and I conceive it lyes with more weight upon me if I suffer a misca- 
riage in these Councills. But I have sayd what was on my thought 
to say as there has been occasion ; and since it appeares to me. That 
we are hinderd on that pretence from proceeding any further, I think 
fitt (according to the advices of many of you) to adjourne this meeting 
<if Councill on the Legislative account, till further occasion ; Expecting 
you do agree amongst yourselves who shall attend the ordinary meet- 
ings of this board, on each 2'* & 5"" days of Every week, as was 
formerly agreed; and that you faylc not of your attendance ac- 
cordingly. 

The Gover"" Adjourned till the 2'' day of the next week. 



Entry of the names of the members of Prov" Councill who were 
attending in the towne of Philadelphia, on the severall dayes ap- 
pojnted for holding Councills by the Governor, Viz' : 

On y' 15'" of y'' 2'' Mo., 1689. 
JOHN BLACKWELL, Esq^, Gov'. 

Luke Watson, John Curtis, Sam" Carpenter. 

Wm. Stockdale, Wm. Yardley, 

On y' 18* of y^ S'' Mo., 1689. 
JOHN BLACKWELL, Esq^, Gover^ 

Luke Watson, Wm. Stockdale, Sam" Carpenter. 

GrifF. Jones, 

On y'' 22*" of y' 2' Mo. 
JOHN BLACKWELL, Esq\, Gov\ 

[juke Watson, Sam" Carpenter, Wm. Markham, Secre. 

Griff'. Jones, 

On y^ 25"' of y' 2^ Mo. 
JOHN BLACKWELL, Esq'., Gov'. 

Luke Watson, Wm. Stockdale, Wm. Markham, Secre. 

Griff. Jones, 

On y" 29* of y' 2^ Mo. 
JOHN BLACKWELL, Esq'., Gov'. 
Luke Watson, GrifF. Jones, Wm. Markham, Secre. 

31 



242 MINUTES OF THE 

On y'' 2" of y^ S' Mo. 
JOHxN BLACKWELL, Esq^, Gov^ 
Luke Watson, Barth. Coppock, Wm. Markham, Sccre. 

On y' 6'" of y^ S' Mo. 
JOHN BLACKWELL, Esq\, Gov^ 
Luke Watson, Barth. Coppock, Wm. Markham, Sc. 

On y^ 9* of y" 3'' Mo. 

JOHN BLACKWELL, Esq\, Gover^ 

Barth. Coppock, Wm. Markham, Secre. 



At a Councill in y" Councill Roome in Philadelphia y^ tenth day 
of y^ third Mo., 1689. 



JOHN BLACKWELL, Esq^, Gov^ 

John Symcock, Jn" Hill, Wm. Yardley, 

Luke Watson, Wm. Stockdale, Sam" Carpenter, 

John Curtis, Jos. Growdon, Wm. Markham, Secre, 

Barth. Coppock, 

There wanting two members to make up a full Legislative Coun- 
cill, The Councill fell into a free discourse amongst themselves about 
y*" Expediency of Letting the Laws drop or fall, and some things 
teaching the administration of y'^ Governm' untill other Laws should 
be made, or directions should come from y" Proprietor, &;c., out (A' 
England. But nothing was concluded. Only To adjourne till 5 ofy"" 
(>lock in y^ evening. 



At a Councill at the Governor's Lodgeing In Philadelphia, v"" 11 "' 
of y-^ S^ Mo., 1689. 

present: 
JOHN BLACKWELL, Esq'., Gov'. 
John Symcock, Wm. Stockdale, Jn" Hill, 

Wm. Clark, Jos. Growdon, Wm. Yardly, 

Sam" Carpenter, Luke Watson, Wm. Markham, Secre. 

Barth. Coppock, Jn" Curtis, 

The Gov' acquainted the Councill That yesterday, towards even- 
ing, two of y^ members of y" Assembly had signifyed to him That 
y" assembly was mett, and that they had sent them to acquaint y" 
(Jov' and Councill therewith, and that they had something to say to 
them. The Gov' proposed that y" ('oimcill would Consider whether 



PROVINCIAL COUNCIL. 243 

Ihcy could appoint a Comittee, or do any thing as a Genall assembly 
until! the Councill were at least 12. 

The Opinion was they could not ; and it was therupon ordered. 

That John Bristow should be written to by y" Secretary to appearc 
To give his attendance in Councill by 9 of y** Clock y* IS"" instant. 

Likewise ordered, That y* mcmbei's of New Castle be written to, 
to give their attendance in Councill at y" same time. 

The Gov'' proposed to y" Councill, That if he thought The ffree- 
holders of y" County of Philadelphia were yet disposed unto a more 
j>caceable frame than at their last meeting, he should be glad to issue 
a writt for Election of two persons, as had formerl\r been done ; but 
none gave any advice therin. 

Nich. Walne & Edm'' Bennet came from y^ assembly, & sayd They 
were sent to acquaint y'' Gov'' & Councill That they were mett, & 
desired to know whether y- Gov' & Councill were mett, & were ready 
to heare what they had to say. 

The Gov"' desired them to withdraw till they could Consider what 
answer to give. 

It having being considered. They were called in, and Desired to let 
'he Assembly know That they wanted one of y" number of y* Coun- 
I'ill to make a Gen" Assembly; But had sent & would use what in- 
deavors they could to have a full Councill against y'' second day of 
y° next week, at nine of y" Clock in y" forenoon, w"'' was agreed, 
niniine Contradicente, upon y" Question put. 

The Petition of James Walliams was read, (Stall y'' papers by him 
j)esented touching y" proceedings had at y'' County Court of New 
Castle, upon y" Seizure made by y" Sayd Walliams of sevei'all gopds 
Imported into this Province by Peter Godefroy & Aliens, contrary to 
y*" Law of England, for the better incouragem' of Navigation, &lc. And 
upon y^ reading & Consideration thereof by the Gov"' & Councill, It 
was Ordered That a Spec" C omission should be issued by the Gov'' 
to .3 pesons, or any two of them. For the hearing & determining 
that matter, both as to the Seizure, forfeiture &L qualification of y° Per- 
sons importing the Goods in question. 

That the Com''' do sitt in Philadelphia y' 21'" of this month : And 
That y^ Secretary give notice to y* Playntiff, Dcf, & all persons con- 
cerned who shall be named by either of them, that they be in readi- 
nesse to attend y" sayd hearing & for giving evidence therin as the 
Case shall require; all w'''' was agreed. Nomine Contradicente. The Gov 
nominated Wm. Markham, John Symcock & Wm. Clark, or any 
two of them: some of them desiring to be excused, the Gov'' sayd 
he would settle that as he should tliink fitt, when y" Comission was 
ri-ady. 

Adjourned till y= next Second day of y' Week, at ten of the Clock 
Id this place. 



244 MINUTES OF THE 

At a meeting of the Councill at v' Gov" Lodging At Philadelphia 
yM4"' of 3" month, 1689. 

present: 
JOHN BLACKWELL, Esq^, Gov^ 

Jit" Symcock, Barth. Coppock, Jn" Curtis, 

Wm. Clark, Wm. Stockdale, Jn° Hill, 

Jos. Grovvdon, Wm. Yardly, Luke Watson, 

Jn" Bristovv, Sam" Carpenter, Wm. Markham, Secre. 

The Gov'' caused y^ Entryes of y' two last dayes proceedings in 
f^uncill to be reade. 

The Gov'' acquainted y*^ Councill, That y'^ Assembly having sent, 
desiring they might have notice of y'' Councill's meeting, they having 
.some things to impart to them ; and That he, y' Gov'', had some thing 
also to say to y° Assembly touching the Lapse or falling of the Laws, 
desired they might be sent unto. 

John Symcock & Joseph Growdon were sent for that purpose. 
They returned & brought word they had been with y' Assembly, and 
that they sayd they would be with y' Gov' & Councill within half an 
hower. 

In y' meantime, Peter Gronendik's petition was read : And It was 
agreed a new Comission for the peace & County Court of Kent should 
be issued. The Gov'' also took y" names of divers pesons recomend- 
ed to him by y" members of Councill to be Coroners fory^ Respective 
Countyes, & directed Comissions should be prepared. 

The Assembly came ; and after some pawse y' Gov"" spake to them 
according to y° tenor of y* words following, viz' : 

Philadelphia, 14'''' of y^S"^ month, 1689. 

Worthy Friends 6c Gent: — 

This being y° first opportunity of your appearing together in this 
Assembly since my arrivall, I hold it necessary in a few words to in- 
forme you of my errand amongst you. 

Having received a Comission from the Honb'° William Penn (The 
irue& absolute Proprietary & Cheif Gov'')fory'' Governm' of this Pro- 
vince & Countyes amiexed, under him & his heirs, I undertook y^ 
journey from Boston in New England, hither, about the later end of y' 
last ninth month, and upon my arrivall presented myselfe to those whom 
I found in authority, Giving them a view of my Comission; (who 
voted their acquiesceing therewith,) and being thereby Referred (for 
my instructions & Guidance) to their Comissions, & such instructions 
as y" Proprietor had formerly given them, and y*" Laws of this Pro- 
vince which he had past, I requested a view of them ; and thence- 
forth made it my study to become instructed in my duty by them, and 
have accordingly acted to y° best of my understanding. But, It has 
been my great unhapjiinesse to meet w"' unexpected opposition thcrin. 

Gent., I shall not appologizc for myself further than by telling 
you : 

1. That I Sought not to Rule over you: It was from y'' meere good 
will & pleasure of y" Honb'" Proprietor, (my worthy friend,) and I 
hoped it would have ended before this time. 



PROVINCIAL COUNCIL. H^ 

2. That Being Resolved of undertaking it for a time, I also design- 
ed to do it w"" all imaginable respect to him & yourselves. 

3. That I have endeavord so to demean myself therin as I doubt 
not (when my master shall receive the acco' of what has past since 
my arrivall) it will be sufficiently evidenced, That I have acted ac- 
cording to my Comission & instructions from him. 

4. That in Expectation of his arrivall, (w'''' God grant suddainly, 
if it be his will,) I shall wayt for my vindication against y'^ malevo- 
Icncye of my opposers. 

I suppose you have been formerly acquainted with y^ reasons & 
necessity of y'' Pi'oprietor's absenting himself so long from you, as 
till the late Revolutions in England. He hath frequently evidenced 
his strong desire above all things to be restored to you. 

What hath hinderd of late we have from divers Reports of things 
transacted in England, w'"" require we should wayt for their being 
renderd more certaine; and in the mean time strive in our prayers. 
That the Lord who Gov'' this universe will do it in wisdome and Good 
will towards all his suffering people, and ourselves in pticular. 

I suppose, Gent., You expected some bills should have been sent 
downe to you from y^ Prov" Councill, for y' Consideration before your 
coming up & passing them into Laws at this meeting. 

Divers reasons may be given why none were. I shall acquaint you 
with some of them. Viz': 

1. The Honb'"" Proprietor (for reasons known to himself) hath 
given possitive directions for letting all the Laws drop or fall. Except 
the fundamentalls. And afterwards, for calling together the Legisla- 
tive authority to passe such of them, or others, as they should think 
fitt, for the future : (w*"'' is my full intention to do.) 

'2. The Honb''' Proprietor being by his patent from the Kinw, au- 
thorized by himself & his heirs, &c., (with consent of y^ freemen,) 
to make, and (under his scale) to publish necessary Laws for y"' 
good of the people; (w*^'' had never been done, with all requisit cir- 
cumstances, whilest himself was here, and without w* I much doubt 
\\'hether what were past, or should hereafter be past, have that due 
sanction or establishm' w"'' Laws require ;) and finding the Great 
iSeale, under which they should passe, was not to be had, (the Keeper 
therof refusing to allow the use of it in any cases, by my direction.) 
I therlbre lookd upon it as labour in vayne now to attempt it. 

3. The present posture & alteration of atfayres in Engl'', The un- 
certainty touching y"" Condion of y*" Proprietor himself and his power ; 
and y^ fears of what danger might ensue, as Avell to him as to our 
selves, in passing & confirming laws of such a nature as would have 
l)een approved of in this conjuncture of affayrs, forbad it. 

4. The annimosityes and dis-sentions w'"" were here amongst you 
l)efore I came, and have been lately Revived amongst the members of 
y° Prov" Councill, by y^ indeavor of some; as to their proceedings m 
y' service hindred their agreem' in Councill as to doing any thing, 
In so much as I was constrayned for Love & peace sake, upon that 
and y" other foregoing considerations, to disrnissc them from further 
attendance on y' account. 

21* 



S46 MINUTES OF THE 

5. An Expedient occur'd to me of Lesse danger to us all, Viz': 
That I being by my Comission as afores'', Referd for my Rule & in- 
struction to y' Laws then in being, Sl w''' had been (as well by the 
Proprietor as y' people,) approved & owned as such whilest he was 
amongst you here, and observing y' he had Reserved y" Confirmation 
Sc disannulling of what Laws should be made in his absence to him- 
self, so that if any were or should be proposed, they could not take 
effect among us as laws till his pleasure should be thorin declared, 1 
came to a Resolution within myself, of observing them m y" Course of 
my Governm' as so many Rules & instructions given me by my 
Master, (as farr as I should findc or judge them not contrary to y'' 
Laws of Engld,) and of supplying y** deffect or want in y'' Laws by 
y° Laws of England, w'^'' I believe will be most gratefuU to Our Su- 
])eriors in England, Especially at this time; and will be as useful! 
amongst ourselves; there being no other way (occurring to my under- 
standing) whereby you may receive y^ benefit of them. And in this 
purpose I remayneSteady, (Unlesse you shall otherwise advise,) untill 
by better information out of Engld we shall be led out of these 
iState-meanders. 

Gent., I assure you that I will (as farr as I judge I may w* a good 
conscience) manage myself in Governing you agreably to y' Charter 
from y" Proprietor, & the Rules & instructions of your Laws ; (if I 
may be sufterd to do;) and where they are defective, according to 
y" King's Letters Pattents, having a due regard to your Principles, (as 
1 am instructed by my Master,) till God shall be pleased otherwise to 
direct dc cleare our way to us all ; whose duty it is (as becomes 
Christians) in all things to attend & readily comply with his will. I 
say I will (as farr as I judge I may with a good conscience) so manage 
myselfe in Governing you, &c. 

Then Gent. Let reason & not passion or prejudice, (through any 
mis informations,) influence you. I pray God direct us all therin ; 
That we may in this our day, know the things that make for our 
peace ; Least they be hidden from our eyes and wee (too late) Repent 
& say, we were advised but understood it not. 

J assure you nothing shall be wanting on my part, wherin I may 
justify a complyance with any thing you shall reasonably desire. 
.Rut I expect y'' same Liberty & exercise of my judgem' & conscience 
as you do. I am sure you will Expect no more from me, for I take 
it tor granted, this is a fundamentall Rule with every one of you. To 
do to others as you would they should do to you. When I fayle to 
walk according to this Rule, My Master will not let me be any longer 
y"^ Governor. 

Gent. I will only adde this, That as soon as we have certayne 
jntelligence from Engld I will advertize you ; and (if the Councill 
shall so advise) will call you together, in order to your being as early 
in bespeaking the Countenance of y^ Authority over us, to indulge us 
in our differences from others, as may be expedient, and will cordially 
)oyn with you therin, if you shall desire it. That you may have as 
large privileges & exemptions as shall be judged reasonable to desire. 

Now if these things I have sayd will not please you, I can say no 



PROVINCIAL COUNCIL. 247 

more ; but Go on and prosper in your owne Sentiments, and if you 
suffer by so doing, I shall be sorry your breach fell out in the time of 
my Government over you. But The will of God be done, with which 
I end at this time. 

Arthur Cook, in y' name of y' Assembly, desired a coppy of y' 
Gov" Speach. He granted it them. 

Arthur Cooke made a Speech, and afterwards offerd a paper, 
directed to y' Gov' & Prov" Councill, sitting at Philadelphia y*" 14'^ of 
the 3' month, 1689, w** was Read, but nothing Resolved on about it ; 
it conteyniug some of the heads of things discoursed between y^ Gov' 
& him before. 

The Gov' desired a Coppy of y' sayd Arth. Cook's Speech might 
he given in to him in writing ; which was Promised by y sayd Arth. 
Cook. 

Arth Cook moved a Comittee of y' Councill might be appoyntedto 
conferre with. The Gov answerd he found no cause for it from the 
Charter, there being no laws to be conferrd about. But saydhimselfe 
would be alwayes ready with the Councill, (if he could get the Coun- 
cill to attend,) w"*" he declared would be as well 

The Gov' proposed an adjournm' of y^ Councill till to morrow 
morning, 9 of y" Clock. Severall of y' members desired it might be 
held at y" place called y^ Councill Roome. The Gov' answerd it was 
to strayte & close for him this hott weather. That it was not large 
enough to receive y*' Assembly. That iherfore, he should continue 
liis resolution of adjourning to y' same place. Some intemperate 
i?{:)eeches past from some about it, intimating as if they had a joynt 
]X)wer in appoynting the place. One asked him by what authority he 
took it upon himselfe. He replyed by virtue of his Comission from 
y' Projn-ietor & the Charter & lawes, w'"' required the members of j" 
Councill should attend him & not he them. Another affirming the 
Gov' dealt not fayrly with them, &c. w"^ he reprorved, saying he was 
sorry he understood no better ; and adjourned accordingly to y" same 
place to morrow morning, the 15* of this 3'^ month, 1689. 



At a meeting of the Councill at the Gov" Lodging at Philadelphia, 
the 17"' of the> month, 1689. 

present: 
JOHN BLACKWELL, Esq'., Gov'. 

Luke Watson, John Hill, Wm. Stockdale, 

Sam" Carpenter, Jos. Growdon, Jn" Curtis, 

John Symcock, Wm. Clark, John Bristow, 

Barth. Coppock, Wm. Yardley, Wm. Markham, Secre. 

The Entry of the Last Councdl's proceedings were Read. 

The Gover' acquainted the Councill That y' end proposed for meet- 
ing at this time was, That if that w'*" ho had formerly mentioned to 
theni touching the issuing of some Declaration for y^ Continuing y" 



248 MINUTES OF THE 

Laws formerly past by the Prop"' to be of y^ same force as now they 
are, & for acting accordingly in all administrations & Courts of Jus- 
tice, untill we should hear from England, might be allowed for an 
Expedient as touching y' dropping or falling of y" Laws, he should 
be willing, upon their advice, to concurre therin. 

Ar Markham declared his readinesse to give his hand to it. 

John Symcock sayd, while y" Laws are in power there is no neede 
for that. 

Wm. Clark. It is a Question with some, & also with myselfe, that 
it may not be safe for y*" Justices to act by these Lawes after the As- 
sembly is broke up & y' 20 dayes expired ; So that if this method 
should be taken, there may not be magistrates found to keep the peace 
of y'' Governm'. It would seeme to be a scruple to me to act after 
y^ 20 dayes are expired, after y'' Assembly is broken up, for if after 
there came an alteration of y" Governm', those psons y' finde them- 
selves agrieved may bring us into Question for our actions when we 
had noe Lawes for it, or but pretended Laws. 

John Symcock. The Question may be whether y* way of a Decla- 
raon propounded by y° Gov' can make it safe to act upon y° Laws. 

Governor. Such actings, though not in all poynts justifyable, yet 
[)eing necessary untill Laws can be duly past: (w'^'' cannot be without 
the Propr"'^ confirmation:) an act of indemnity & confirmation of all 
judiciall proceedings in Courts need not to be doubted ; Governm' be- 
ing necessary. 

Joseph Growdon. It is supposed That y^ Laws formerly made 
were good before y^ Gov'' had confirmed them : and we suppose the 
Laws are in force as they are, if we will consent to y^ adjournm' of 
y" Assembly; therfore, 'tis my opinion. That y^ Gov'' & Councill con- 
sent to y' Assemblyes adjournm'. If we go in any other way we had 
as good do nothing ; possibly we may never be indempnifyed. Con- 
cerning y* Dropping of them we should be ready to acquiesce in any 
thing y'' Gov'" Comends; But if he do put any thing y' we cannot con- 
curr in, we hope we shall be Excused. 

John Hill: If a bill or declaration were prepared for allowing all y ' 
Laws past by M'. Penn till further order, it may be as sufficient. 

Wm. Clark : nothing we can do till Gov"" Penn shall approve them 
can give life to them. 

Wm. Markham. I can not conceive why we are so fond of these 
laws. If they be not confirmed we must be governed by y*' Laws of 
England, w** are agreeable to y" Common law, & are but Explana- 
tions of that ; & what are our Laws more than declarative of that. 

Wm. Stockdale. The Assembly may adjourne themselves. It is 
my Judgm' y" Laws may thereby be preserved as they are, & that so 
we may act safclyer by them than if they were Lett drop & confirm- 
ed by a declaration. 

Sam" Carpenter was of y" same minde. 

The Gov"" sayd, Thaty° adjourning of y^ Assembly by their owne 
act does not seem to him to be any way countenanced, either by y' 



PROVINCIAL COUNCIL. 249 

Charter or by his Comission or instructions, or y^ Laws of this Pro- 
vince. But for as much as by his Comission & instructions y^ Laws 
were appoynted to be his Rule of his Governm', he was satisfied to 
Joyne in a declaraon for the administring justice according to them, 
6c their being of like force as now they are till they should heare fur- 
ther from England, as he had declared in his Speech to y" Assembly; 
and doubted not but y" Proprietor would approve therof, & that if it 
were an Error, he would passe an act of Indempnity, as was usuall 
in such imergencies; and that therfore, if they could not consent 
thereto, or finde some other way, he must end that debate : he judged 
y° continued sitting or adjourning of y" Assembly to be of dangerous 
president & consequence. 

John Bristow. My opinion is, that for as much as y'' Laws have 
been all along uncertaine of y" assurance & strength requisit, yet all 
along have been practiced & the people governd by them ; in as much 
as it falls out that after 20 dayes they are voyd, I think it necessary 
& convenient y' j^ Gov"" & Councill & assembly Joyne together to 
issue a declaration to y* Magistrates, that those Laws that have been 
made & confirmed from y* begining, & practiced, shall still continue 
Sc be in force till there be further order from y' Proprietor. 

The Gover' sayd : He has spoaken my minde, & I am ready to do it, 
or any thing else that I can be advised, wherin I can pursue my in- 
structions. 

Luke Watson. These Laws, after 20 dayes, are no laws, & we 
can give them no force, but they must of necessity fall, & we must be 
governd by y^ Laws of England at present. 

John Curtis. The Continuance of y" Assembly gives life & keeps 
life to them, wheras after y" rising of y" Assembly they must of ne- 
cessity drop, & all y* Laws & ordinances that can be made will signify 
nothing, but we must flye to y* Laws of England, & it will come upon 
us to be sure. 

Barth. Coppock. I cannot understand That we can act safely 
under any things but under y' Law ; not under any ordinance or de- 
claration, if they drop or fall, because they have not that publication 
which the Laws by y*" Charter ought to have. 

Jn" Hill. I do not think y^ Assembly can be adjourned, but y' we 
may have recourse to y" Laws of England in matters to prserve y' 
Peace. 

Jn" Bristow. This time 2 years, upon a neare like occasion, Orders 
were sent to y* Justices, &c., & I conceive we may do y' same now. 

Wm. Clark, By way of accomodation, proposed That we might 
agree upon some Instrum' or declaraon to impower y' Magistrates to 
act by y' Laws that are now in being, & that it be left to y° discretion 
of y' ministers of Justice where they see cause to act by y' Laws of 
England, & not to be tyed up wholly to the one or y*" other. 

The Gover' & severall of the Members declared, that would leave 
things at great uncertainty, so that neither the people nor y° Magis- 
trates would know what to do. 

The Petition of y^ Inhabitants on Brandiwine River or Creek, 
against y" damn made upon y' Creek, w'^'' hinder y°fish passing up, to 



250 MINUTES OF THE 

y" great damage of y^ inhabitants, was read ; and upon debate, it was 
thought fitt a time should be sett for giving notice to them y' were con- 
cerned on both parts, that they should make good y° Petition & they 
should be heard; but y" time was not agreed. 

Adjourned till y" Q"* day next week, between 9 & ten of y° clock, at 
y*same place. 



At a Councili at the Gover" Lodgeing at Philadelphia y^ 20"" S'' Mo., 
1689. 

present: 
JOHN BLACKWELL, Esq^, Gov'. 

John Bristow, Jos. Growdon, Sam" Carpenter, 

John Symcock, Griff". Jones, John D'Haes, 

Wm. Yardley, John Hill, Peter Alrichs, 

Barth. Coppock, Jn° Curtis, Wm. Clark.^ 

Wm. Stockdale, 

The Secretary not being present, y" Entry of y^ Last Councill's 
proceedings were not read. 

Joseph Growdon acquainted y^ Gov' That there were some mem- 
bers of y" Assembly attending from them. 

They being called in, acquainted y" Gov"" & Councili That they 
were sent from y" Assembly w"' y'' paper w* they had formerly pre- 
sented unsigned, w'^'' was now signed by y ^ Speaker. 

The Gov' asked them when they were sent with it. 

One of them ansvverd: It was signed presently after it was re- 
turned to them, and that they had attended to have deliverd it, but 
y^ Councili was not sitting. 

The Gov tould him That was not an answer to his Question, for 
he sayd he heard there was no Assembly sitting these two or three daye^* 
past, and if So, he knew no use could be made of it, at this board. 
Wherupon they presented another paper, touching John White's be- 
ing imprisoned, being a member of the Assembly, & took upon thcni 
to desire their griveances might bo Redressed, one of them saying, 
They were abused in that the members of Prov" Councili were not 
sufferd to sitt. 

The (Tovernor tould him, That none were hindrcd who had been dul} 
Returned as duly Elected, save one who was charged with very 
high Crimes & misdemeanors, w* renderd him uncapable, and tould 
him That Expression was unfitt to be used before him. Also, that 
they were not judges of y" Councill's proceedings or members, nor 
could they receive any informaons. Himselfe & the Councili together 
were the Sole judges. 

He Replyed, Then they must fliee to their old Charter, &c., for 
this was not according to what was promised them by y' Governor in 
England ; and they would maintayne their libertyes as English 
men, &c. 



PROVINCIAL COUNCIL. 251 

Upon w'" y' Gover' bade them take their papers back to them who 
sent them, for it was not fit for him to Countenance such proceedings as 
would probably subvert y^ Governm' &, turne all things into Confii- 
sion. He was appointed to Governe them by y° Charter, & Laws 
made therupon, <&z, was resolved to Execute his office accordingly. 

Joseph Growdon, a member of y' Council!, bade them not to take 
y" papers back. Upon which, 

The Gover' took them & put them into his pocket, till he could be 
more certainly advertised whether the Assembly were in beino- or 
not, and dismist them. They being gone, Joseph Growdon, (whis- 
pering of Wm. Yardley, and takeing that Liberty in Councill to o-o 
from one to another, out of his place, for that purpose,) Wm. Yard- 
ley stood up in his place, & sayd : It appeares to me there was an 
Assembly ; and for as much as we are a people that are of meane 
education, sometimes our Speech appeares to be very Rude, & 
memory weake, & therfore, We desire to present some thino-s before 
thee ; and tenderd a paper folded up. 

The Gov"' (apprehending there might be some thing in it of like 
tendency to what Expressions had past in Councill since y"'comincr back 
of Tho. Lloyd, who he heard had, with some of y*" members of y' 
board, beene that forenoone very busy in consultation w"" y" remavn- 
ing members of y* Assembly, & had renewed the former dissentions 
and annimossityes amongst y^ members of y" Councill,) was not hasty 
to receive, nor did think fitt to open that paper at prsent, and whilest 
they were debating whether to read it or not, the whole desio-ne was 
made manifest By y* Coming in of Tho. Lloyd, John Eckley & Sam" 
Richardson, (without giving notice of their businesse.) 

The Gov'' therupon stood up and desired to know what their plea- 
sure was. 

Tho. Lloyd answcrd they came to pay y^ Gov"' their respects & to 
sitt in Councill, and inlargeingon y' Subject, 

The Gov'" tould them, He had formerly at severall times declared 
himself touching y' matter: that they could not be admitted to sitt there 
till himsclfe & y^ Councill were satisfyed and had agreed it; and ther- 
fore desired they would withdraw & not interrupt y* present businesse 
& debates by their Staying in y^ Roome, for he could not admitt u 
a proceeding therin whilest they were present. 

Tho. Lloyd persisting in his demand of sitting there, saying he 
had the Gover'"' Letters making him a Councellor, w"*" was as good as 
y" Gov"^ Comission. 

The Gov"" told him he had never seen any such Letter, nor did he 
ever think fitt to give him any attested Coppy of it. (if there were 
any such.j He replyed he would let him have it : and pursuing his 
demands of sitting, & some of y" members of y" Councill severally 
and tumultuously crying out I am for it: & I am for it, &:c., 

The Gov' declared y^ Councill to be adjourned till y' next councill 
day, viz': to y^ fifth day of y'^ same week, at nine oi y" Clock, at y" 
same place ; and Rose up out of his place to depart accordingly ; upon 
w* severall of y° members of y" Councill departed. But divers 



252 MINUTES OF THE 

remayned,anda great deale of confused noyse & clamor was Expressed 
at & without the doore of y'' Gov"roome, where y^ Councill had sate, 
w** occasioned persons (passing by in the Streets) to Stand still to heare, 
which y" Gov' observing, desired y* sayd Tho. Lloyd would forbeare 
such Lowd talking, telling him he must not suffer such doings, but 
would take a course to Suppresse it, & shutt y" Doore. So he went 
away, attended w* several! of y'= members of y'' Councill, others stay- 
ing behinde w* y^ Governor. 



At a Meeting of the Councill at the Gov" Lodgeings in Philadel- 
phia y^ 23"' of 3^ Mo., 1689. 

present: 
JOHN BLACK WELL, Esq'., Gov'. 

Wm. Clark, Pet. Alrichs, Barth. Coppock, 

Jo. D'Haes, Griffith Jones, Wm. Yardley, 

John Hill, Sam" Carpenter, Wm. Markham, Secre. 

Luke Watson, 

The Gov' directed That the Entryes of the proceedings in Councill 
y' two Last dayes of their meeting should be read by the Secretary. 
They were read. 

The Gov' proposed. That for as much as the Assembly had discon- 
tinued their sitting, & were gone, they would take into Consideration 
the preparing & issuing of some Declaration in the name of the 
Gov' & Councill, as he had severall times moved during their Sitting, 
for continuing the Laws past by the Prop"' before his going for Eng- 
land, to be of the same force as now they are, untill we should heare 
further from thence. 

Wm. Clark sayd : What y*" Gov' has proposed is very necessary, 
for it will be of very ill consequence to Lett the Laws wholly fall, ^ 
liave no Laws of our owne to be governed by. Most are Strangers 
to other Laws ; These we are acquainted with. It would therfore 
be of great service, since we can not have y*" Assemblye's concur- 
rence, that they be passed as the Gov' proposes, by a Declaration issued 
m the name of y'^ Gov' & Councill. 

Wm. Markham. Had we not mett With such interuption as we did. 
We might have had a body of Laws fitted for us when we first came to- 
gether as a Legislative Councill for preparing them: But now we have 
been put into "such distractions, as our Laws must continue in the 
same distracted forme or not at all. But since it is the desire of y*^ 
People y' the Laws should so continue, though the Prop"' have di- 
rected the Letting of them fall for the psent, & afterwards preparing 
new Laws, I have requested the Gov' y' they may be continued with 
as strong force as may be ; and you See the Gov' is ready, & only 
wants y' Consent. 

Gov'. I have often proposed it, and will proceed in my Govcrnm' 
according to y' Rules of y' Charter, and all the Laws made before 



PROVINCIAL COUNCIL. 253 

the Prop" going for England, whether you shall think fitt to passe a 
Declaration or not, heing by my master directed so to do ; Save only 
wheras one of those Laws requires that Comissions for constituting of 
Prov" Courts & Judges should be past under y" Great Seale, (w'*" y' 
Keeper will not allow,) I shall reserve a Liberty to passe such Co- 
missions under y' Prop°" Lesser Seale. 

John Hill. I agree to what y* Gov"" proposes, for acting by the 
Charter & Laws made, and think it is fit, since the Keeper will not per- 
mitt y° use of y" great Seale, that they should be past under y' Lesser 
Seale, for it's necessary y' Prov" Judges be appoynted for appeales, &c. 

Wm. Yardley. I desire time for further consideration. Though it 
has beene before us, We have not had y' due consideration, & we have 
not a full Councill. 

Governor. I can not helpc it that y* members will not give their 
attendance; they all know of this dayes meeting & y' the Councill 
was adjourned to this time & place. I know by too sad Experience, 
what's meant by desiring farther time for consideration : 'Tis nothing 
but time to consult without doores with those y' haveallways obstruct- 
ed our proceedings, as to doing any thing that's good for y' people. It 
has been allready debated, 6s every man been suffered to speak his 
minde at large, & we might have brought it to an issue at last meet- 
mg had we not been interupted as then we were, by y^ coming in of 
others, &c. 

Wm. Clark. We had been heard; and I desire we may not be 
detayned any longer. I desire y*^ thing may be put in to y^ speediest 
way to give satisfaction to y° people _v' sent us hither. 

Sam" Carpenter Proposed to Receive a paper. 

The Gov'' Refused it, saying, he would not admitt of any interrup- 
tion to this debate, till it were over ; telling him he had heard it was 
unduly hatch'd by y° late President & some of y' members, withy* 
remayning part of y^ Assembly, w"*" was a course not to be counte- 
nanced ; It behoved the members of y' board have been present & de- 
clared their mindes, & given their assistance in this weighty matter 
under consideration; and that he had adjourned for that occasion to 
this time on purpose. 

Wm. Markham. I am against making protests one against another. 
Let us have a friendly debate at y" board of what's before us for our 
Consideration. 

Wm. Vardley. I am very much for y' preservation of y* Laws : 
and rather than this opportunity shall passe, I am for it. 

Sam" Carpenter. I think y" Assembly might be had. 

Gov'. They have disolved themselves, w'*" tliough it were not Le- 
gally done in all usuall circumstances, yet they are thereby become 
felones de se, as to their power of present sitting, and y" Gover' declar- 
ed he did not see any reason to contrive their Sitting on this occasion; 
they were so divided amongst themselves as that a very great part of 
tliem had protested against their proceedings, «fc wilhdrawne as being 
ashamed of their doings. 

22 



254 ML\UTES OF THE 

Clark, Yardley ds Coppock. Leave the thing as it is. 

Wm. Markham. I did Scruple y" thing of confirming y' Laws by 
a declaration when first proposed, But some reasons that have since 
come to my minde, & specially considering we are not making nevt' 
Laws by. it, and for as much as we were disturbed when we were about 
ihat, & could not proceed, I am now of another minde. The Assem- 
bly could not but have sayd I or no, &;c. 

The Question about it being called for, was thus Stated & agreed. 
Viz': As many as are of opinion That a declaration be prepared 
agreable to y^ debates at this board, to be issued in the name of y" 
(iov' & Prov" Councill, for continuing y° Laws formerly past by the 
Proprietor, in y" same force as now they are, untill we shall receive 
orders out of England about y' matter; & that in y" meantime. All 
Officers, (Viz': Justices, Sheriffes,) &c., be required to act in their 
Severall Stations & Capacityes in all their proceedings & doings, ac- 
cording to y° Charter & those Laws, w"' this Proviso, That y" Gov"' 
may issue Comissions for Prov" Judges under y^Prop"" Lesser Scale, 
declare y"" consent by standing up in y'' severall places. Wherupon 
all y^ members prsent stood up, Except Sam" Carpenter. 

The Question being put in y" negative. The s'" Sam" Carpenter stood 
up allone. 

The Gov'' proposed a Comittee might be named lor drawing up 
such declaraon, Which was agreed; & That Wm. Markham, Wm. 
Clark & Wm. Yardley, or any two of them, should be the Comittee, 
& should withdraw : the Councill were Sitting till their returne. 

After about an bower's space, the Comittee brought in & Report- 
ed their draft of a Declaration, signed by all three of them. 

The sayd Declaration v/as three times read, debated &, spoken to: 
some alterations were in the debate proposed & agreed on. And upon 
y" Question put. Viz': As many as are of opinion That this forme of 
Declaraon brought in by y^ Comittee, as now it stands altered, 
shall be issued, according to the intent of y^ foregoing Resolve, and 
sent into each County, to be there published as y^ Act of the Gov'" & 
Councill, at there respective County Courts or meetings. Declare your 
assent by standing up in your places. Wherupon they all stood up 
Except Sam" Carpenter. 

The Question being put in the negative, The s'' Sam" Carpenter 
stood up allone. 

Afterwards, The Governor & all y' members of y" Councill present 
(Except Sam" Carpenter) signed y*" Sayd Declaration, being about two 
of y^ Clock afternoono, which is as fblloweth, Viz': 

A DECLARATION: 

By the Governor and Provinciall Councill of the Province of Penn- 

silvania and Counties thereunto annexed. 

Wheras, We have just cause to suspect that some persons havp 
indeavored to suggest and insence y* minds of the good people of 
tJiis Government, That the Governor and some of the members of 



PROVINCIAL COUNCIL. 255 

Provinciall Councill have had a designe or intent to subvert and over- 
turn this frame of Government, and to make voyd tlie Charter of 
Liberties and Privileges which tlie Chief Governor and Proprietor 
liath been pleased to Grant unto Us and our Successors ; and that they 
have also designed and intended to make voyd y^ Laws of this Go- 
vernment, wliich have been (at so great trouble, charges and expences 
of the Proprietor and People) made for the preserving of the King's 
peace, and y* mantaining of our Properties and privileges, and so to 
Rule by an Arbitrary Power ; We do therefore think fit to declare, 
and we do hereby Declare, That We never had any such thought or 
intent. But were allvvays fully Resolved to Keep and preserve tlie 
same, as much as in Us Lyes; and should have been very ready to 
have joyned with the Assembly in the confirming of a Law for that 
purpose. 

And for as much as that hath been obstructed or omitted. We have 
thought fit to Declare, and We do hereby Declare, That all the Laws 
past and agreed on by the Proprietor and Chief Governor, and Free- 
men in Provinciall Councill and Assembly, made before the Proprie- 
tor's going for England, shall be, continue and Remayn in the same 
force as now they are, untill We shall Receive Orders out of England 
about or concerning that matter ; With this Proviso : That the Go- 
vernor may issue out Commissions for Provinciall Judges, under the 
Proprietor's Lesser Seal: and That in the meantime. We do hereby 
Require and Command all Officers of this Province and Counties an- 
nexed, that they, in their scvcrall Stations and places, do Act in all 
their proceedings and doings according to the Charter and Laws made 
by the Proprietor and People, as aforesaid, untill further Order. 
Given at Philadelphia, the three-and-twentieth of the third month, 
Anno Dom. 1689. 

JOHN BLACKWELL, Gov^ 
Peter Alrichs, "^ 

Griffith Jones, j 

Luke Wattson, j 

Barth. Coppock, j 

John Hill, )> v' Committee. 

John D'Haes, | 

Wm. Markham, | 

Will. Clark, j 

Will. Yardley. J 

Wherupon y'^ Governor acquainted the Councill he had nothing 
further to propose to them at pesent; and that, (although he might 
not dispence with their Charter-attendance, not knowing what might 
fall out on a suddaine,) Yet he saw no incouragem' to call them to- 
gether oftener than necessity required, they being grown into such 
iTactions as he could Expect little assistance from them: That he 
would therfore Governe them in all points according to the Charter 
At Laws, as they had declared, so farre as he might act as Governor 
without them,untill he should heare further from England; and if any 
urgent occasion required it, he would give them notice therof In the 
meantime adjourned them till further Order. 



256 MINUTES OF THE 

The Gov' havingon y' 16'" day of y'' &" Mo., 1689, Rcc-'a Letter from 
Joshua Barkestead, date.d Talbut County in Maryland, the 8"" of Au- 
gust, 1689, Directed y" Secret'' forthwith to issue Orders to the respec- 
tive Sheriffs to Sunion all the members of v" Prov" Councill to ap- 
peare in Councill in Philadelphia y' 28* day of y-^ s" 6'" month, 1689, 
which was done accordingly. 



At a Councill at the Gov" Lodgeing in Philadelphia, y' 28* 6'" 
month, 1689. 

PRESENT : 

JOHN BLACKWELL, Escf ., Gov^ 

John Symcock, Barth. Coppock, John Hill, 

Sam" Carpenter, John Curtis, Wm. Markham, Secre. 

Griffith Jones, 

The Petition of Robert Turner, Benja. Chambers, &c. in behalfe of 
themselves and others, was Read, Requesting an ord' for y° Laying 
out a Road from Philadelphia to Bucks County, &c. 

Wherupon it was Ord"^ y' Rob' Rurner, Benj. Chambers, Jos. ffisher 
Sylas Crispin, Tho. ffliyreman, Rob' Addams, with a Survey', w'^ 
what Convenient Speed may be, do sett out a Cart I'oad according to 
Statute. 

The Petition of Tho. Clifford, for satisfying 5 years Service as 
Doore Keeper & messenger of y^ Councill was read, and Referred to 
a fuller Councill. 

Adjorned till 9 to morrow morning. 



At a Councill held at y' Gov" Lodgeing in Philadelphia y' 29'" 6'" 
Mo., 1689. 



JOHN BLACKWELL, Esq'. Gov'. 

Sam" Carpenter, John Hill, John Bristow, 

(yriffith Jones, Peter Alrichs, Barth. Coppock, 

John Curtis, John Symcock, Wm. Markham, Secre. 

VVm. Clark, 

The Petition of Tho. Clifford was againe Read. 

The before named members of Chester, viz': John Sypicock, John 
Bristow & Barth. Coppock, promised to pay 20' in part of 61b. Wm. 
Clark & John Hill y" like 20' for y° County of Sussex- And upon 
debate, Ordered y' a Letter be written to y' Gent : of y' County of 
Bucks as from y" Gov' & Councill, desiring them to do as all y' other 
Countyes liave done, in advanceing eacli County 20' on this occasion. 



PROVINCIAL COUNCIL. 25T 

Ord*' That besides y" sayd six pounds formerly directed and advan- 
ced as afore sayd, there be 40' more, viz': 3lb^ in all, layd on each 
County at their next Levyes, to be payd to y*s'' Thomas Clifford, in 
full satisfaction of all his claymes & demands whatsoever, to be re- 
turned by y' respective Sheriff's, & that it be recommended to y' re- 
spective Justices to order and forward the same accordingly. 

Agreed nemine Contradicente. 

Adjourned till 3 of y' Clock iny' afternoone, p' cize. 

POST MERIDIEM. 
Present the same pesons as in y" forenoon. 

' The Gov' acquainted y° Councill, That y' reason of his calling 
them together at this time was to minde them that there had been for- 
merly severall Rumors of danger from y^ french & Indians, in con- 
junction with y' Papists, for y* Ruine of the Protestants in these parts, 
and of y'alarme formerly given, as if 9 thousand french & Indians 
were then neare approaching for y' purpose, upon w'^'' y' Justices 6:^ 
Sheriffs of y° two Lower Counlyes, with y' people thereof, had beta- 
ken themselves to amies for their defence; wherof he then gave y" 
Councill an account, from y" Letters he rec''out of y" s"' Countyes: 
as also, of a Letter he had rec'' from one Cap' Le Tort, (a french 
man, living up in the Countrey,) agreeing therewith ; which they did 
not see any reason to give heed unto : And further, to acquaint them 
y' he had lately rec"* a letter from M'. Joshua Barkstead, out of Mary- 
land, advertising there was sufficient proof that y'' Papists in IMaryland 
had been tampering with y^ french & Northern Indians, to assist them 
to cutt off y^ Protestants, or at least to reduce them to y^ See of Rome, 
•fee, which Letter was read in Councill: adding an account thereto 
of y- Crueltyes & barbarous usage of y" french Indians upon y" peo- 
ple of New England ; murthering about 100 persons, burning houses, 
& plundering y" people of their goods & Cattell, &c., and (using y° 
Proverb) that there was no smoak without some fyre. That these 
things might be Expected to come suddanily upon us, as well as our 
neighbours. That his office was to be their watchman, & he durst 
not conceale the Knowledge of these things, Without acquainting them 
& receiving their opinions & advices what was fitt to be done thcrin 
for their security, and setling the mindes of y" People, who in some 
places, (pticularly in New Castle,) upon the apprehension of fearc 
from these things, had been very much disquieted & taken themselves 
to armes, but were quieted by the Justices of that County residing 
amongst them. He also acquainted them, That divers of the inhabit- 
ants of New Castle had declared themselves unsatisfyed That King 
Wm. had not been proclaymed as in other Countyes, & that y" same 
had been signifyed to him by M"". John Cann, By whom y'' Gov'' savd 
lie had sent them word ; he had not rec'* any orders for y" doing it, 
nor did he know in what manner or tearmes it was to be done, having 
never seen any proclamation, for that purpose; and that he feared he 
might either Exceed or fall short of the titles ought to be given him, 
which would (he thought) be treason in either case ; That he Expect- 
ed y' first ship out of England would bring orders about it, and y' 

22* 



258 MINUTES OF THE 

upon receipt therof, he would do as he should be directed. That ha- 
ving called y' Councill to advise him in these cases, he had nothing 
else to trouble them about at this time ; but if any damage should 
happen to them for want of what informacord he had rec'* he knew he 
was responsible to y" King & state of England, (to y" hazard of his 
life,) if ye Province should be invaded & lost out of his Maj''"* Do- 
minions: & Therfore, prayed they would be very Serious & Solemne 
in giving him their opinions & advices what they thought of these in- 
formations, and what they would have him do therin,lor that he knew 
he could do nothing without their assistance, but sutler with them, 
which he feared was neare at hand, &c. 

Wherupon Peter Alrichs gave an historicall acco' of y'^ proceedings 
of y'' Mohawks in the yeare 1665, Concluding he did not think they 
were any great number, or that there was cause to be atfrayd of 
them, &c. 

Wm. Clark sajd : he beleivcd some thing might have beene liere- 
tofore intended of such a nature as was suggested, but that being frus- 
trated, he believed that designe is wholly dead ; neverthelesse, that he 
thought they were obliged to y^ Gov' for signifying these things to 
them. 

John Symcock sayd : he did not see but tliat we are as Safe, Kee- 
ping peaceable, as those that had made all this strive. 

(jlriffith Jones sayd: he saw"^ no cause of danger if we can but 
Keepe quiet among ourselves. 

John Bristow sayd : he saw no need of raysing forces, for he saw 
no danger; But that he looked upon it as the privilege of the people 
to have their members psent if there be. (so also sayd John Sym- 
cock.) To w''"' y" Gov' replyed he had given order to have all such 
as were allowed members of y* Councill to be Summoned; but if they 
refused to come he could not help it. He must & would be satisfyed with 
y' opinion & advice of such as were psent. 

John Hill sayd : He had spoken with very eminent knowing men, 
•Sf. saw no likelyhood of danger. 

Sam" Carpenter sayd ; he had spoken with two psons that came 
from Maryland, who did not believe what was talked; that he did not 
feare any thing from any news we had thence, and y' he was of 
opinion w"' John Bristow, for having all their members present. 

Barth. Coppock sayd : the news was new to him. Si it did not 
appeare to him that we are in any danger [at psent] by the Indians, 
or papists either : and was of the same opinion about having all their 
members psent. 

John Curtis sayd : he had heard a great while of these things. But 
they signify nothing but a Rumor: as for y" Indians, they are quiet, 
&, for his owne perticular he had no feare upon him, & that he was 
of the same opinion about having all their members psent. 

Wm. Markham sayd: he app'^ehcndod That to speak of dan- 
ger from y" Indians would but skare y° women &; children ; and that 
our Constitution will not admitt us to defend ourselves. The only 
way is to forheare all thoughts or seeming fears of the knowledge of 
it ; for that will represent us as people frighted, &c., unlesse we were 



PROVINCIAL COUNCIL. 259 

under such a Constitution of Governm' as to take to amies, to be 
ready upon occasion if any thing sliould come. And as touching the 
businesse of proclaiming the King, it was unanimously agreed that it 
was not at psent advisable, unlesse we had orders for doin"- it. 

Wherupon y' Cover' gave them thanks for so perticularly & freely 
advising him, & told them he had nothing further to occasion their 
stay at psent, unlesse they, or any of them, had any thing to im- 
part from the respective Countyes fitt for psent Consideration. It 
being Replyed by divers that they had not, he adjourned the Councill 
to meet at New Castle y' tenth day of y" next month, about some per- 
ticulars relating to that County & the adjacent neighborhood. 

Memoranda. The Governor upon a necessary occasion after- 
wards, appoyntcd the meeting of the Councill at New Castle to be ou 
the 17"" of September, and accordingly went thither: And by the way, 
took a view of the Mill &. Mill race Erected by Cornelius Empson. 
(Wherof complaynt had been made by Petition from severall of the 
inhabitants of Chester County.) But there appearing but five of the 
members of the Councill, viz: 

John Simcock, Peter Alrich, Wm. Markham, Secretary, 

John Bristow, John Dehaes, 

nothing was done therin. 

On the first of October following, Samuell Gillham, master of the 
Ketch Crane, of Dartmouth, in the Kingdom of England, delivered to 
y' Gov"^ a pacquet, w"" this superscription following, viz': 

For his Ma""^ speciall Service. To William Penn, Esq., Proprietor 
of their Ma"'"* Province of Pennsilvania in America: And in his ab- 
sence, To the Gov' or Comander in chief of that Province, for the 
time being. In Pensilvania. 

4. Wherin was conteyneu a Letter bearing date, Whitehall, 13° 
Aprill, 1689, signed Shrewsbury. Upon the Receipt &■ reading 
wherof, The Gov' askd the sayd Gillham If that were all he had, and 
observed perticularly to him, that there was no Proclamation or In- 
structions about proclayming their Majestyes; and ordered the same 
to be ])ubliquely road by the Secretary for the satisfaction of the 
people, who had heard there was such Orders come. 

The same day the Gov"" directed that sumons should be issued for 
all the members of the Provinciali Council to appeare at Philadelphia 
on the first day of Novemb' f )llowing, in ord' to the imparting the 
same to them. 

The next day the Gov'' gave the sayd Gillham a Certificate, under 
his hand, & the Provincial Sealc annexed, signifying That he had re- 
ceived the sayd Letter, & should observe the contents therof, and of 
his proceedings therin give acco' to their Ma"'" Principall Secretary 
of State by the first opportunity of Conveyance.. 



260 MINUTES OF THE 

At a Council held at the Gov"" Lodgeings in Philadelphia the first 
day of the ninth month, 1689. 

PREST : 

JOHN BLACK WELL, Esq'. Governor. 
Samuell Carpenter, Peter Alrichs, John Bristow, 

(jriffith Jones, Luke Watson, Earth. Coppock, 

John D'Haes, John Simcock, Wm. Markham, Secr^. 

John Hill, 

The Governor caused the Entryes of the Proceedings of the last 
Councill to be Read, 

And acquainted the Councill That the most of vi^hat he judged need- 
ful for him to say to them at this time was to the purpose of what he 
spake then. To which he Referred, the same having been Read; only 
Added, That he had Rec*^ from ihe Principal Secretary of State, by 
his Ma'ti^ Comands, a letter, which he caused to be read over, w*^ is 
of y' tenor following, viz': 

Whitehall, 13 Aprill, 1689. 
DUPLICATE. 

S': — I am by his Ma'ti" Comands, to acquaint you That his Mat j. 
being sensible of the great & frequent injuryes his subjects dayly re- 
ceive from the ffrench, in apparent violation of the treatyes between 
the two Crowns, and particularly by the assistance that King has 
lately given, & continues to give his Enemys in Ireland; and by the 
invading his Ma'ti" Territoryes in America, and disturbing the trade 
of his subjects in those parts for severall years last past : His Ma'^ 
has therfore, directed all necessary Preparations to be made for a 
speedy warr with the ffrench king, which has occasioned the giving 
you this notice of it. That you may with all possible diligence take 
etTectual care for the opposing & resisting any attempt of the ffrench 
upon his Ma'ti*^ Province of Pensilvania ; And that all ships coming 
from thence, do not sayle hereafter otherwise than in ffleets : And 
you are also to Assure his Mali" Subjects in that Province of his Mali" 
Protection, by sending forthwith a considerable squadron of ships into 
the West Indyes, and other Succours that shall be requisite, not only 
securing his Mati*^ Plantations in America, but obligeing the ffrench 
to make Reparation for the many unjust & violent proceedings & at- 
tempts against his Mati** Subjects in those parts. 1 am, 
S'., yo' very humble servant, 

SHREWSBURY. 

Upon the Reading herof in Councill, The Gov' desired their advice, 
lioth as to what they thought fit to be done therupcn, and what an- 
swer returned to the Secretary of State about it. And that they 
would be very serious in it, for that the danger was not only now as 
formerly, suggested by private uncertaine hands, but from the Secre- 
tary of state, by his Wati" Comands, &;c. M'. Alrichs declared He 
thought it necessary some thing should be done. 

M^ D'Haes, Desired The Gov' would not take it ill that he sayd 
He would not Act either as a Magistrate in New Castle or here, untill 



PROVINCIAL COUNCIL. 261 

he knows who is King : which he Repeated severall times, adding. 
It is not safe to act without proclayming the King. 

The Gov' told him, He believed that King William & Queen Mary, 
The Prince &, Princess of Orange, were King &, Queen of England, 
dsc. But he had not seen the Proclamation, & so knew not how to 
Prod ay me them, &c. 

M". D'Haes his opinion (that it was not safe to act without proclaym- 
ing the King) occasioned severall others to declare their minds about 
it, and that the people were earnestly sett upon the doing it themselves 
in some of the Countyes, &c. 

The Gov'' Declared He was as ready & desirous to do it as any 
body, if he had y" Proclamation & orders for doing it; but having not, 
Proposed for their satisfaction who were impatient about it, That a 
middle way might be considered of, Which he thought might be done 
by a Declaration of the Gov' & Council, owning their authority, and 
declaring their readinesse Solemnly to Proclayme them as soon as 
we should receive orders, or an authentique coppy of the Proclama- 
tion, which he Expected by the next vessell that should come out of 
England. 

M'. Simcock sayd : If a forme of Declaration had been sent to us 
to have Proclaymed them I think we must have observed it : But in 
as much as there is no Comand sent us by the King of England, (who 
so ever he be,) nor from the Secretary, to Proclayme any King here, 
I think we have no reason to do it. But I would submit my self to 
better understandings. The case is doubtful!. We are not to believe 
but to be certain in such matters, &c. 

The Gov' told them, They had Proclaymed King James without 
Order. 

John Simcock Replyed: King James was by an Act of Parliam' 
voted tlie heir to his brother & so he came in : Now who ever comes 
in to put him out. Pray let us consider How he comes in : We have 
an act of Parliam' for the one, but not for the other. It may be dan- 
gerous for us to do it without an Order. 

M'. Markham sayd: How the King came in We are not to dispute: 
There is nobody here to question How King William came to the 
Crowne. No man doubts but that he liath it: The Gov' himself does 
not question it. If so, why may it not be safe for us to yield all due 
obedience to him. We believe King William & Queen Mary are the 
King <fc Queen of England, and so of these Dominions; and since we 
believe it, where is the prejudice in obligeing of those who would have 
them declared to be so, as the Gov' hath propounded. We suppose 
this Letter is come from the Secretary of State to King William. 

John Simcock Replyed: How do we know that. 

William Markham. The Letter says their Majesties, and it can 
be meant of no other. I believe it's meant of them. 

John Simcock sayd: We are not to Act by fayth in this matter, 
but with certaynty. 

M'. Markham sayd: Since we believe it, where is the prejudice. 
The Gov' proposed a mcthodicall way for Our declaring Our obedi- 
ence to King William and Queen Mary, and that we are wayting for 



262 MINUTES OF THE 

the forme & mannei' of proclaiming them. To do this will give Sa- 
tisfaction to all. 

Griffith Jones. I know not why we should be more forward than 
our neighbors. There are two Provinces that have not. It is suffi- 
cient for us to proclayme him when we have orders for the doing it. 
I^ut if we should do it before, certainly we may run ourselves into 
danger; and for my part I think, That if any thing be done about de- 
claring it. It is no less to me than Proclayming him. It is our part, 
& enough, for us to obey the King's authority when we have it. 

John Simcock. It is a trivial thing for us to declare the King till 
we are Comanded. 

The Gov'sayd: I think for peace sake with our neighbors & 
amongst our selves, we should do it, and moved A Comittee might be 
appoynted for drawing a Declaration in the name of the Gov' & 
Council, & astheir joyntagreem', That all Proces, warrants, & orders 
that usually past in the King's name, be hereafter issued in the name 
of their Mati", King William and Queen Mary: And all Comissions 
of officers to continue till further Orders ;^nd named William Mark- 
ham, John Simcock & Jo. D'Haes a Comittee for drawing such a 
Declaration, and presenting it to the Councill to morrow morning, al- 
lowing any other members of the Council to be present at the drawing 
it, that should think fit; And iherupon adjourned till to morrow morn- 
ing at Seaven of the Clock. 



At a Council held at the Governor's Lodgeings in Philadelphia the 
second day of the ninth month, 1689. 

rEESENT: 

JOHN BLACKWELL, Esq'., Governor. 
Peter Alrichs, John Hill, John Bristow, 

Griffith Jones, Barth. Coppock, Sam. Carpenter, 

Luke Watson, John Simcock, Wm. Markham, Seer". 

John D'Haes, 

The Com"" named last night, brought in the draught of a Declara- 
tion, which was Read ;. butseverall things therin objected against were 
proposed to be allowed, w'^'' were agreed unto, and the same being 
fairly transcribed, was read over severall times; and upon the Question 
put, viz': Whether this Declaration be agreed on as now amended? It 
was Resolved in the affirmative, by all the members declaring them- 
selves by standing up in their places, nemine contradicente, and 
accordingly signed by tlie Gov' & Council, Which is as followeth, 
viz': 

By the Governor &, Councill of the Province of Peimsilvania and 

Countyes annexed. 

Upon sundry and Credible informations from England & many 
other places, more especially upon perusall of a Printed paper signed 



PROVINCIAL COUNCIL. 263 

John Brown, Clark of the Parliament, instituted. The Declaration of 
the Lords spiiituall & temponill, & Comons, assembled at West- 
minster, bearing date the 12'*" of ifebruary, 1688-9, Wherin is this 
clause following, viz': The sayd Lords spirituall &. tcmporall, & Co- 
mons, assembled at Westminster, Do Resolve: 

That William & Mary, Prince & Princess of Orange, be and be 
declared King and Queen of England, France &, Ireland, and the 
Dominions therunto belonging. To hold the Crowne and Royall Digni- 
ty of the sayd Kingdoms &, Dominions To them, the sayd Prince & 
Princess, during their lives, and the life of the Survivors of them: 

And that the sole & full Exercise of the Royall power be only in 
and Executed by the sayd Prince of Orange, in the names of the sayd 
Prince &; Princess, during their joynt lives; and after their decease. 
The sayd Crown & Royall dignity of the sayd Kingdoms & Do- 
minions to be To y" heirs of the body of the sayd Princess, and for 
default of such issue. To the Princess Ann, of Denmark, and the heirs 
of her body ; And tor default of such issue, to the heirs of the body 
of the sayd Prince of Orange. 

And the sayd Lords spirituall &, temporall, and Comons, do pray 
the sayd Prince and Princess of Orange to accept the same accord- 
ingly: 

And wheras. We have understood That the sayd Prince Si, Princess 
of Orange have been since proclaymed. Crowned, and do now Reigne 
accordingly : But having not hitherto Received the Proclamation to 
be how published. We have therfore thought fitt by this publique in- 
strument, to make manifest to the world Our Loyalty & true aflections 
To the sayd Prince & Princess of Orange, by acknowledgeing them 
to be OurKing& Queen accordingly ; And do therfore, strictly charge 
& Comand all the people & inhabitants within this Government, to 
yield all due & lawfull obedience unto William & Mary, King & 
Queen of England, &c., as their Lawfull King and Queen. 

And it is hereby further comanded. That all Justices of the peace, 
Sherrifls, Clerks, Coroners, and all other otTicers whatsoever, now in 
Comission under this Government, or by the authority therof, do from 
hence forward act & do all things relating to their offices, in their names ; 
And that all process be issued out in their names. And it is hereby 
lurther declared. That all officers Comissionated or impowred by this 
Ciovernm', do stand, abide & remayne in the same stations, offices 
and imployments, as they were before the date herof, & so remayne 
&; continue untill further Order. (Roman < atholiques only Excepted:) 
And That all proces issued out before publication herof, do remayn<te 
continue in full force and virtue. Dated at Philadelphia, the second 
day of the ninth month, 1689. 

JOHN BLACKWELL, Gov^ 
William Markham, .lohn Bristow, 
John Simcock, Peter Alrichs, 

Sam. Carpenter, J. d'Haes, 

John Hill, Griffith Jones, 

Luke Watson, Barth. Coppock. 



264 MINUTES OF THE 

Ordered, That copyes of the sayd declaration be transcribed & sent 
to the severall sherrifTs of the respective Counties, with orders to 
cause the same to be forthwith published, & at the furthest by the 
next respective Court. This being over. The Governor then desired 
they would liave consideration of the Letter before Recited, and de- 
sired they would give him their advice upon it. 

Griffith Jones sayd : He thought we might suspend the Execution of 
it for the present, being in Expectation of hearing from England : 
Perhaps there will be no need of putting the Contrey to so great a 
charge. We are not able to bear it unlesse there were a necessity 
that required it. Let us wayt a little longer. 

Jo. d'Haes. What if any hurt come in the mean time if we delay 
i t. before we are prepared. I think notice should be given to all the 
people to get powder & shott, and their armes, in a readiness against 
there be occasion. That will do no hurt. 

John Simcock. I see no danger but from the Bears & wolves. We 
are well, & in peace & quiet: Let us Keep ourselves so. I know not 
but a peaceable spirit, & that will do well. For ray part I am against 
it clearly: and. Governor, If we refuse to do it. Thou wilt be Excused. 

John Hill. He thought if we should put ourselves into Armes, 
The Indians would rise against us, suspecting we intended harm to 
them. I desire, therfore, we may forbeare till we heare out of Eng- 
land. 

Luke Watson. You having (Governor) received such orders from 
the King, If the thing be not done, & any hurt come to the Contrey, 
for my part I think he may require our lives and Estates at our hands. 
Twenty men, as things nov/ are, may come & do what they will. I 
look upon it That you should settle a Militia to defend his Mati" Sub- 
jects, according to his directions from Whitehall. 

Griffith Jones, Besides repeating what he sayd before, sayd: He 
desired the Counti-ey might not be put to those charges. It will be look- 
ed upon as very grievous & burthensome. 

Here the Governor read the clauses of Power given to the Proprie- 
tor by the King's Grant to him, &c. 

John &'imcock sayd; He was against it; Expressing that what was 
granted by the King to the Proprietor was but a lease to him that he 
might do it; and sayd, I will have no hand in it. 

Luke Watson. The people in the contrey look upon themselves to 
be in danger, and desire they may be put into a condition to defend 
themselves, &c. 

John Plill answered: I will ingage they will not appeare one in five 
upon traynings. 

Wm. Markham. My opinion is That we ought to have our armes 
as well fixed & prepared in time of peace as warr, for we know not 
how soon warr may come upon us, especially in this countrey, where 
we have such sort of people amongst us. And whether it be come or 
not, «fec.. I allways keep my owne armes prepared. 

Griffith Jones. Every one that will may provide his armes. My 
opinion is (hat it be left to the discretion of the Governor to do what 
he shall judge necessary. 



PROVINCIAL COUNCIL. 265 

Sam. Carpenter. I am not against those that will put themselves 
into defence, but it being contrary to the judgm' of a great part of the 
people, & my owne to, I cannot advise to the thing, nor Express my 
liking it. The King of England Knows the judgem' ofquakers in this 
case before Governor Penn had his patent. But if we must be forced 
to it, I suppose we shall rather choose to suffer than to do it, as we 
have done formerly. 

Barth. Coppock. I am of the same opinion w* Sam. Carpenter in 
what he spake last. 

Gr. Jones Proposed againe, That they would referr it to the Gov" 
discretion to do what was fit & necessary in the case ; to which some 
others seemed to agree. Wherupon, the Governor spake to the Se- 
cretary to draw a Question to be put for that purpose. 

John Simcock & Sam" Carpenter declared against that, conceiving 
it might be prejudicial to them to be otherwise than passive in the 
matter; so no Question could be agreed upon. 

The Governor therfore adjourned the debate to the 2"^ day of next 
Aveek. 



At a Councill held at the Gov" Lodgings in Philadelphia the fourth 
day of the nine month, 1689. 

present: 
JOHN BLACKWELL, Rsq^, Governor. 
Sam. Carpenter, John Simcock, Griffith Jones, 

Peter Alrichs, John Bristow, Luke Watson, 

John D'Haes, Barth. Coppock John Hill. 

The Gov' acquainted them, That having adjourned the debate of 
the last meeting upon the Letter till this morning. He hoped they 
would now come to a resolution upon it. And in order to their better 
apprehending the true sense of tlie 7* Article or paragraph of the 
Charter of Libertyes, formerly read to them upon this Debate, (wherin 
it is sayd. That the Governor and Provincial! Councill shall at all 
times have the cai'e of the peace and safety of the Province,) He Read 
unto them the Preamble of the two Acts of Parliam' past in Engld, 
touching the King's sole & supreame Right & power in &. about the 
ordering of the Militia within all his Mati"" Realms & Dominions, the 
one past in the 13"" year of the late King Charles the 2\ cap. 6. inti- 
tled. The Militia Declared to be in the King. The other in the 14"" 
year of the same King, cap. 3", Intitled, For Ordering the Forces in 
the severallCountyesofthis Kingdom. Wherin, amongst other things, 
It is Exprost That both, or either of the houses of Parliam', can not 
nor ought to pretend to the same, &c. And observed and Argued 
therupon. That if both the houses of Parliam' of England could not, 
much lesse could the Provincial! Council! of this Province claymo 
any Interest in ordering the militia, when the King, bj his J^etters 

23 



266 MINUTES OF THE 

patents under the great seale, had dcligated his power to the Proprie- 
tor and his heirs, to Exercise the same in this Province. 

The Gov"^ also observed to them, That the Charter of priviliges 
granted by the Proprietor to the people, was hmited & quaUfyed by 
this Expression in the preamble thcrof, viz': (so farrasin him lyeth,) 
and [according to the powers of the Patent.] And That By a law past in 
this Province, Intitled An act of Settlement, This clause is conteyn- 
ed, viz': Be it Inacted by the authority aforesd. That the Gov''& Pro- 
vincial! Councill shall have power of preparing & proposing to the 
Genii. Assembly, All such bills which they shall joyntly assent to 
& think fit to have past into Laws, in the sayd Province & territoryes 
therof, that are not inconsistent with, but according to the powers 
granted by the King's Letters Patents to the Proprietary & Governor, 
So that he conceived It was not in the Proprietor's power to subject 
or Expose the King's Province to the hazard of being delivered up or 
lost to any invaders Avhat so ever : And that therfore, the sayd 7"' Ar- 
ticle of the Charter of Privileges ought not to be so construed as that 
the Governor without the Councill, could not use Armes for its De- 
fence. And That the King being sensible of danger approaching by 
the ffrench, had Ordered in his Letter aforesayd. That the Proprie- 
tor, and in his absence The Gov' or Comander in chief of this Pro- 
vince, should have notice of his intended warr with France, That they 
might with all possible diligence take effectuall care for the opposing 
and resisting any attempt of the French upon this, his Ma'ti*^ Province 
of Pensilvania, &c. 

That this could not be done by the Proprietor's or Gov'^ owne hands, 
but needed the advice & assistance of the Council, & people inhabit- 
ing here. That the Constituting of the Proprietor & his heirs by his 
Ma'ti"' Captain Gen", with powers, by themselves or their Captains, or 
other their officers, To Levy, muster & trayne all sorts of men, of what 
condition or where so ever borne, in the sayd Province, for the time 
being, and to make warr &, pursue Iiis enimyes, &c., And to do all 
& every other thing w''' unto the charge & office of a Capt. Gen" of 
an Army belongeth, or hath accustomed to belong, as fully & freely 
as any Capt. Geall. of an Army hath ever had the same, (w*^" are the 
Expresse words of the King's Grant, and were read unto them,) im- 
plyetha great confidence his Ma'*' Reposed in the Proprietor; and also, 
a Condition of y" Grant of the Province; and a fay lor herin might 
prove a forfeiture. Especially, lor that the King hath been pleased 
to give notice of the danger to the Proprietor, Which though per- 
haps we could not see, we were to believe, and give his Ma''' thanks 
that he is pleased to be so mindfuU of our security, and to notify to us 
our dangei", in order to our providing against it. 

The Gov'^ also recited to them a fin-ther clause in his late Ma'*™ sayd 
Lrs. Pattents, to this purpose, viz': And for as much as in the Go- 
vernm' of so great a Contrey, suddain accidents do often happen, 
wherunto it will be necessary to apply remedy before the freeholders 
of the sayd Province, or their dcligates or deputyes, can be assembled 
to the making of Laws: Neither will it be convenient That instantly 
upon every such imergent occasion, so great a multitude should be 



PROVINCIAL COUNCIL. 267 

called together: Tlierforc, flbr the better Govemm' of the saycl Con- 
trev, We will and Ordayn, And by these presents, for us, our iK-irs & 
tSuccessors, do Grant unto the sayd William Penn and his heirs, by 
themselves or by their magistrates & otficers in that behalf, didy to 
be ordayued as aforesayd; To make and Constitute fit & wholsome 
ordinances from time to time, within y" sayd Centre}-, to be kept and 
observed, as well for the preservation of the peace as for the better 
Governm' of the people there inhabiting, and publiquely to notify the 
same to all persons whom the same doth or may any wayes concerne, 
which Ordinances Our will &; pleasure is, shall be observed inviola- 
bly within the sayd Province, under j)ayns therin to be Expressed, So 
as the sayd Ordinances be consonant to reason, and not repugnant nor 
contrary, but so far as conveniently may be, agreeable with the Laws 
of Our Kingdom of England: And so as the sayd Ordinances be not 
r'xtended in any sort to binde, change, or take away tlie Right or in- 
terest of any person or persons, for or in their life members, flreehold, 
goods or chattels. 

The Governor also Proposed to them the consideration of the care 
taken in all other his Ma''*^ Tcrritoryes & dominions about thesctling&; 
orderino; their Militias, and particularly the Laws past for that purpose 
in this Province & whilest it was united to New York and the Jarseys, 
under the Governm' of his late Royall Ilighnesse the Duke of York, 
before his Ma'^" Grant of this Province to the Proprietor, and that he 
could not tell how to answer the neglect af making due & necessary 
preparations for defence of the Province & people comitted to his Go- 
vernm': And upon the whole, prayed them They would be very 
serious & solemne in the debate & consideration of these matters : for 
that he must returne an answer of the letter & signify his proceedings 
by the first opportunity of Conveyance. And tfor as much as at the last 
meeting of the Councill, It had been by some of them moved, (That 
since divers of them could not by their principles consent to or be 
active in the directing or ordering any thing of this nature,) That they 
wijuld cast it off from themselves and leave it to the Gov"^ discretion 
tf) give such answer to the sayd Letter, and to act therupon as was 
requisit, He Proposed this Question to be debated, viz': 

Whether It should be left to the Gov'' discretion to pursue & put in 
Execution the King's directions signifyed in the sayd Letter, according 
to the clauses of powers given to the Proprietor in the Letters Patents 
from his late Maty. King Charles the second, of the Grant of this Pro- 
vince to the Proprietor, in order to the defence of this Province against 
the ffrench or any other invader of this Province & Countyes an- 
nexed, in all things as ncare as may be according to the Laws of 
England and of this Province whilest under the Governm' of his late 
Royal! Highnesse the Duke of York, &c. 

.fohn Simcock sayd. We can neither offensively nor defensively take 
Amies. We would not be understood to tye others' hands; they may 
lio every One what thcv please. We do not take upon us to hinder 
any. I do not think The Gov' need to call us together in this matter. 
We can not at all Question the power of the Governor. It is a thing 
too hard for us to meddle with ; and so we leave it. 



268 MINUTES OF THE 

Griffith Jones sayd, The case is hard. I desire to be passive & not 
to concern my self in it, either to give a negative or affirmative. God 
has preserved his people in times past, and as I would not hinder, but 
pay all respects to the King & Governor, So I desire to be excused 
from the question. One way or other. I do it not to refrayne charges, 
but cannot give advice wliat to do in it. I believe, were there other 
Quakers here, they would all say They had no advice to give: And 
therfore. As we leave the Gov' to his own discretion, <k, others to do as 
they see cause w"* safety to themselves, So we desire the Gov'' Avill 
let this Question fall. 

John Hill sayd: my desire is, That no compulsion be upon those that 
are of tender consciences : but that it be left to the Gov'' to do as he 
])leases, and to take the care of it himself. 

John Bristovv sayd: I believe the power is in the King & by him de- 
rived to the Governor; but there must be reason & cause for it. I do 
not see but we are in peace, and so are like to be. 

John D'Haes sayd : I think it needfuU that every man do get his 
Armes ready, and furnish himself with powder & bullet, to be used 
if there be occasion. 

Peter Alrichs sayd : I am for it. That the Gov'' do what he pleases. 
Some Regard must be had to the King's Letter. 

Luke Watson sayd: I suppose the whole power is in the King &; 
you as Governor, and I desire That you will Act & do according to 
the Law of England and other places, for I do not think ourselves 
safe. 

The Gov' proposed The Question might be put as is before Exprest, 
reading the same to them : But that being spoken against by severall. 
He proposed then That the Question should be put. Whether that 
Question should be put or no. 

John Simcock desired That him self & some others might be per- 
mitted to withdraw for a while to consult by themselves; Which 
(though un-usuall) for their satisfaction, The Gov'' admitted it. 

Wherupon He, the sayd John Simcock, John Bristow, Barth. Cop- 
pock, Griffith Jones, and Sam" Carpenter withdrew, and after a while 
came in againe. And The sayd John Simcock, in behalf of himself and 
the Rest, sayd as foUoweth, viz': 

Wc would not tye others' hands, But We cannot vVct. We would 
not take upon us to hinder any. And do not think the Gov' need 
to call us together in this matter. 

Sam. Carpenter sayd: We can not vote One way or other to either 
of the Questions, Wo say nothing against it, in regard it is a matter 
of conscience to us. I had rather be ruined than violate my conscience 
in this case. We do not take upon us to hinder any. I do not think 
the Gov' need to call us together in this matter ; And therfore wc de- 
sire we may be no farther prest in this matter. 

Griffith Jones added: I hope the Gov' will not impose that which he 
would not have imposed upon himself if his Conscience were against 
the thing. We leave it to the Gov'^ discretion, who knows better than 
we how to answer the King's Comands bv his Letter ; and doubt not but 



PROVWCIAL COUNCIL. 269j 

he will make a fayre Representation of us to the King as to this 
matter. 

The Gov' Replyed: He lookd upon it as a civill thing belonging to 
the Civill magistrate's power; and declared, That if he should take 
up any opinion in civill matters against the Laws, peace &. safety of 
the Contrey, If he could not act, he should hould himself bound to 
be passive: and in case a Comon charge were required, he should not 
scruple to pay his share therof for the safety of the Contrey where 
he should dwell, and preserving it against all invaders ; But, 

In as much as they declyned any advice or assistance, and had de- 
clared so generall a voyce to leave the matter to his discretion. He- 
would consider what was his duty in the case, and Act after the best 
manner he could accordingly, for the preservation of the whole, with- 
out further pressing them on this occasion. And That By the first 
opportunity, he would give account of his Actions to the Secretary of 
state, and the Honb'° Proprietor of this Province, his Master. 

A Petition was presented to this board from Tho. Harris, praying 
an Appeale might be granted from the County Court of New Castle, 
after Judgm' & Execution, both in law and equity: But for as much 
as the sa>d Court saw no cause to allow any, nor was any sutficient 
cause alleged, Upon the Question put. Whether it should be admitted, 
& the matter Reheard at this board, It was carryed in the negative. 

A Petition was likewise exhibited to this board from Wolto Raw- 
son, setting fortli That he was distreyned upon by Cornelius Empson,. 
for Contrey Rates, m the County of New Castle, Wheras his Lands 
lay in the County of Chester, where he had ailwayes till then been- 
Rated & payd, &c. 

It was Ordered, That he continue to pay in the County of Ches- 
ter untill the Two Countyes shall have the Moors of the sayd Coun- 
tyes otherwise determined, And that the Justices of New Castle do 
order the Restoring of the distresse taken by Empson. 

A like petition was Exhibited from Wm. Clowd, upon like cause 
of distresse, And it was Ordered in his behalf as in Wolto Rawson's. 

The Gov' proposed That either the members of the Councill 
would give their constant attendance, according to the Provision made 
by the Law, viz : one out of each County ; or at least that they would 
agree & order, (and it was accordingly agreed and ordered, nemine 
Contradicente,) That in case the Gov' should see cause at any time 
or times herafter, to Sumon a Councill, the charges of conveying all 
^^umon's should be borne & payd to the Secretary by an equall appor- 
tioning the sayd whole charge upon each County; And That the mem- 
bers of the Councill that should appeare, should disburse the same to 
the Secretary, at their meeting therupon, and should afterwards Levy 
the same by a County Rate, for their Re-imbursement. 

WheruponjTheGov'dismist the Councill from their further attends 
ance for the present, and untill new Sumons. 

23* 



270 MINUTES OF THE 

December y' 13, 1689. 

V'pon a pacquits arrivall this Day ffrom y" Proprietary, Directeil 
to y° Govei-', he ordered a Councill should be Summonsed to meet in 
Philadelphia y° 3 1 Ins*. 

At a Councill held in y' Councill Roome at Philadelphia y° 31 of 
y« 11* Mo., 1689. 

PRESENT : 

JO" BLACKWELL, Esq'., Gover\ 

Jn°. Symcock, John Bristow, Jo" Hill, 

GrifF. Jones, Wm. Stockdale, Wm. Markham, Sec'^. 

Sam" Carpenter, 

The Gover' Supposeing more members of Councill would be in 
iowne to morrow, the weather being bad might hinder their traveling, 
Adjorned till then, two in y' afternoon. 



At a Councill held in y" Councill Roome at Philadelphia v" ffir^t 
of y"= Eleventh month, 1689-90. 

present: 
JO- BLACKWELL, Esq^, Gover\ 
Tho. Llojd, Bart. Coppock, Griff. Jones, 

Jn" Eckly, Jo" Symcock, Sam" Carpenter. 

Sam" Richardson, Wm. Clark, Jn°. Hill, 

Wm. Stockdale, Jo" Bristow, Wm. Markham. 

After y'^ Gover' had Apologized for haveing his Speach in writuig, 
•and had read y^ same, w"*" tfollows verbatim, viz: 

(Jent. I had not Called you together at this unseasonable time of 
y" ) car, had not the Extraordinary occasion which I shall acquaint you 
with all, Required it, w*^"" is indeed Such wherein as well my owne in- 
tercs, peace and Comfort, as your Contentment, are' Concerned. I 
shall not Spend more time in Digressing or witholding the mutuall 
Satisfaction this meeting will afford vs. Then I Judg necessary, (as 
introductive to y' Communicating of what I have vpon me to Say 
vnto yov.) 

My manner of Entrance and being received amongst you in this 
place is Knowne to Divers of you, and by what authority and Com- 
mission t was Constituted Gover' of this Province, &c., vnder y° Al)- 
iiolute Proprietary &; his heirs. I Tould you fformerly, (at wh;if 
time I legan to be Sensible of some of your ill resentments of me,) 
that I sought not to bo your Govcr' : But it arose ffrome y° mere 
good will and Pleasure of y° Proprietor to propose and require that 
Service of me, by his Comission sent me to new England, (with In- 
structions bearing date y" 12" day of y' 5" Mo., Called July, 1688,) 
which I have heard some of you have sayd 'twas but probationary. 

•This should be the tenth month. 



PROVINCIAL COUNCIL. 271 

As I never looked vpon it as an Inheritance, so I am Sure I Came oa 
no other terms of my makeing or accepting then to doe you service 
at his Request, \v* I have Diligently and ffaithfuliy (according to y*" 
best of my vnderstanding,) indeavored to manifest, my Conscience not 
vpbrayding me, w'*' I shall willingly doe in any Capacity rather then 
this Highest. 

I Came (indeed) with full purpose of Returning before y* advance 
of y" Last Summer's Season, but such has been y^ state of Publick 
affayres as Inginuity would not permitt me to leave y^ trust Commit- 
ted to me whilst my master was vnder anyEvill Circumstances, (by 
y" Late revolutions,) without his ttree Concent and Directions about 
your future Settlement, w"*" I have now Received. 

How vneasy my Continuance has been to some of you has been 
Represented to me by their writing; How burthcnsome to my selfe, 
my Spiritt has frequently dictated ; my tougne has (perhaps) over 
Concernedly Expressed to others of your selves, and my Severall 
Letters of Complaint of y^ Insupportableness of it, and my repeated 
Requesting of y' Hob'° Proprietor to be Released therefrom are Wit- 
nesses; So I have testimon}es not only within myselfe, but in some- 
of your brests, also in y^ Proprietor's hands, and some of my near rela- 
tions implojed therein, to whome I perticularized y" promoting grounds 
and Reasons thereof, w'^'' will sufficiently evince y" Sincerity of my 
Heart in dcsireing to be acquited therefrom, and which I hope I shall 
Confirme to you Ere I have done. 

The Proprietor has been pleased very kindly to Resent w' I have 
written of _>' nature, (as his Letters to me of Severall dates, but Com- 
ing alltogether in one paquit by this Last Conveyance, doe Satisfie 
me,) ffor w'"" I shall returne him my Sutable thanks. But withall, he 
has given me a touch of Some representations that have Come to him 
hence concerning me, and what a Spiritt has been raysed in ffi-inds to 
his Disquietm' there vpon y' acco' vnder his present afflictive circum- 
stances, w'^ I am very Sory ffor, but shall not Trouble you with y* 
Particulars, or my Sence of y* Procuring Cause thereoff at present. 
'Tis enough ffor me to hint those things to you, who must needs 
know of Them, at least Some of you, so I shall not in y° Least Dis- 
turb y^ !:°"erenity of my owae minde, or Discompose you (firom a joy 
full reception of y" message I have to Deliver you) by any remarks 
therevpon, or give you ffurthcr occasion of Representing me a griev- 
ance to him in any sort. 

'Tis a good day. I have given & I doe unfeignedly give God thanks 
for it, (w"*" are not vayne words,) for to Say no worse I was very 
vnequally Yoaked: and it being y' Day of my Redemption from that 
Groaning, (I say,) I shall not grieve any of you. Neither Shall I De- 
teyne you longer in this porch. 

Gent., I have Severall things to Communicate to you, by Command 
of y' Proprietor, whereof these at present, viz': 

ffirst, the Declaration of his selves to you and y'' people in Gener*", 
with his ffervent resolutions to be with you by God's hand and help, 
by y' very ffirst Door / his Providence opens, and his Sincere prayers 



272 MINUTES OF THE 

to God for all your prosperity, wishing peace and happyness to abound 
among you every way. 

Nextly, that y' Consideration of my repeated desires to leave a 
Station y' is So vneasie to Keep and Execute, has at Last brought 
him to resolve, tlio' with reluctancy, (as he is pleased to his Express 
himselfe,) to answer my Request, and Ease me of that burthen. But 
upon y' terms of takeing me to himselfe, &;c., wherein he has made 
very kinde proposalls to me, and Sent me over Severall Commissions 
dc Instructions, w""*", when I Judg Seasonable to Ingage in, I shall 
Communicate vnto you. And lastly, to lett you knowthat I quit y' 
place of Gover'' as a man that sought to be discharged from it. 

In pvrsuance whereof, this being y* place where, (after some debate 
amongst your selves,) you Declared your acquiesceing w"" my Go- 
vernm', I doe here with all heartiness, declare my Rejoycing in y' Op- 
portunity and leave I have of Resigning and Surrendering it vp. And 
I doe accordingly very fFreely and ffuUy resigne and Surrender all y" 
powers and authorityes in my Commission and Instructions ffrom y' 
Honb'° Proprietor, given me as Gover', into your hands and accept- 
ance, viz: to y* Provinciall Councill. 

And ffor y' you are ffallen into times of difficulties and Danger, 
(perhaps greater than some of you are aware of,) 1 Doe and Shall 
pray y' Lord y' God of all wisdome, that he would gratiously En- 
lighten your minds, and over rule your debates and Counsels, in and 
vnto Such wayes of truth, wisdome, quietness and agreement with 
his will, and one with another, as may Conduce with his glory, the 
Hon' of Their Maj'' our Most Gracious King &c Queen, the Security 
of Their Province and territoryes, the Interest and Rejoyceing of tho 
Proprietor's heart and worthy flamily, and y*" Generall good, happi- 
ness and prosperity of y" people of all perswasions now Committed to 
your Charge ; and that he will alsoe Indow you w"" Courage and re- 
solution proportionable to y' Trust and Station you are Sett in ; that 
Impartiall Justice may run with a mighty Streame ffrom your admin- 
istrations amongst them, to y° terrour of Evil doers, and prayse of all 
others. 

Gent.,Ibegg your pardon of my Ignorances & weaknesses; (I call 
my doings so, for y' I bless God I am not vnder any Conviction of 
haveing wickedly Departed ffrom y' Rule of my Duty therein;) I mean 
your Charter and Laws, so ffarr as they have ffoundation in y° King's 
Patent, and are not contrar}' to y' Laws of England. I begg also yo' 
acceptance of my vnfeigned thanks ffor what Respects you have 
shewed me in y° advices and assistances you have Supplyed vnto me, 
&3 I doe also fforgive y' Disrespects & neglects of any persons in this 
Government; and Lastly, I assure you that though I have not been ac- 
ceptable to you as yo' Gover', ffrom y* very ffirst day you saw me, 
(wherof I was Early made Sensible,) I will indeavour to improve these 
faylorstotheapproveing mjselfea Pattern and instance of personate 
humble deference, Submission and Obedience to those who Succeed me 
in y' Governm' whilst I Remaine amongst you, which y' vnfitness of y* 
Season & Danger of my age and Constitution, totravell so long ajorney 



PROVINCIAL COUNCIL. 273 

as to y° place whence I Came, will probably Constrayn me vnto Some 
months. 

Gent : I now both voluntarily and fTreel}' quit this Seat, to be 
ffild vp as by these two Commissions: (which I here deliver to you 
firom j" Proprietor:) In order to your Consideration whereof I think 
it my Duty to give you his owne words Concerning them, which are 
these, viz: 

[I have Sent two Commissions about Settling y" Governm' there in 
a condition that may please y° Gcnerallity. Let them be y° Choosers, 
Either of Them shall satisfie me.] By which you See how much his 
heart is Sett vpon your agreeing one with an other, not offering vio- 
lence by Imposeing vpon y" Lesser number. He proposes that y* 
Gcnerallity be y" Choosers, not y" bare majorrity, and give me leave 
to tell you ffrom my owne Experience, 'twere yet better if you Could 
gaine y^ universality ffor what you shall pitch upon as things now 
stand, for 'tis Harmony must be your strength and Continuance, and 
a Small Complaint added to this Change of y^ Hands, will argue you 
to have Little regard to y^ Proprietor's present ill circumstances, and 
shake your whole ffoundation. 

Here is also a Letter directed to you, w'^'' I Received in my Paquet 
iTrom y' Proprietor, and when I vnderstand you have so made your 
Election, and Settled y^ Deputation according to these Commissions, 
I shall ffurther address to you in what I shall conceive propper ffor 
your respective Cognizance relating to y" Proprietor's Service, agreea- 
ble to what ffurther Instructions I have ffrom him. And if I may be 
any way Serviceable to him or you whilst I remaine in these parts, 
be pleased to honor me w"" your Commands. In y° meantime I take 
my leave of you, and pray y^ Lord be w"" you. 

The Gover' Then with drew, and then was Read by y° Secretary 
two Commissions ffroni William Penn, absolute Proprietary of y' 
Province of Pennsilvania & County s annexed, to y^ Provinciall Coun- 
cill, w'^'' are as ffolloweth verbatim, viz : 

WILLIAM PENN, Absolute Proprietary of The Pro- 
vince of Pennsilvania & Countys annexed. To his Trusty 
^if?5 beloved ffriends. The Provinciall Councill ffor y^ Province 
"J^j^^' of Pennsylvania, &c.. Greeting: 

Since the Providence of God hath disappoynted my reall In 
lentions and Ernest Inclinations of Coming to you for some time 
longer, and to y° End y° Inhabitants thereof may be assured I have 
and Seek noe other Interest then what is agreeable with theirs, I doe 
Consent that you please yourselves, & therefore doe hereby Impower 
you to Chuse Three persons within y*" said Province or Countys an- 
nexed, to present to me by y° very ffirst opportunity, out ofw"'' I Shall 
Chuse one ffor my Deputy or Lieftenant Gover'; and till my mind 
therein is Knowne, I Doe hereby order that he that has y" most votes, 
or is ffirst Chosen by you, shall ffrom y" time of yo' Choice Act as 
my Deputy or Lieftenant Governor, over y^ said Province & Ter- 
ritorys, according to y^ Power and Limitation of fformer Commissions, 
you takeing Care to Support himin y' Capacity, Revoking all fformer 



274 MINUTES OF THE 

Commissions to any Else granted, and Requiring all persons concern- 
ed to give him that Respect due to his high station. Given at London, 
y' 25* day of v' 7'" Mo., 1689. 

WM. PENN. 

,^J^^^ WILLIAM PENN, absolute Proprietary of The Pro- 
^mC'Ih^ vince of Pennsilvania and Counties annexed, To his Trusty 
^ES^Jw£ and Beloved ffriends, the Provinciall Councill ffor y' Pro- 

'^^^ vince of Pennsilvania, &c., Greeting. 

Since y° Providence of God hath disappoynted my reall inten- 
tions and Earnest inclinations of Coming to you for some time 
longer, and to the End y" Inhabitants thereof may be assured I have 
and Seek no other Interest then what is agreable to theirs, I have 
thought ffitt to appoynt you my Deputy and Lieftenant in Govern- 
ment, and do accordingly hereby Constitute you my Deputy, to act 
and doe in all things, in my name and Stead, according to y' power 
and Limitation of fformer Commissions. I Doe also Impower you 
to Elect y" President ffrom time to time, as you se Cause,, so as he 
and you Exactly answer y° Charter and Laws of y' Country, Requir- 
ing all persons Concerned to give you y^ Respect due to your high 
station, w""" Commission shall Continue so long as I shall See Conve- 
nient. Given at London, this 25'" of y= 7* month, 1689. 

WM. PENN. 

Then was Read a Lett' ffrom y*"' Proprietary, bearing date y*^ 12"' 
of y'6'" Mo., 1689, w'^'' follows verbatim: 

ffriends, I heartily wish you all well, and beseech God to guide you 
in y' ways of Righteousness and peace. I have thought fhtt vpon my 
ffurther Stopp in these parts, to throw all into your hands, that you 
may all See the Confidence I have in you, and the desire I have to 
give you all possible Contentment. I Doe Earnestly press your Con- 
stant attendance vpon y*" Governm', and y' Diligent persuit of peace & 
Vertue, and God almighty Strengthen your hands in so good a 
work. 

I also Recommend to you the perticular Discipine of That Towneyou 
meet in, that sobriety & Gravitic be maintained, and Authority Kept 
in Respect. As it Coms in your way, Countenance my Officers in 
Collecting my Small Revenue. 

Lett y'' Laws you pass hold so long only as I shall' not Declare my 
Dissent, that so my Share may not be Excluded, or I ffinally Conclud- 
ed, without my notice : in ffine, Ictt them be Confirmable by me, as 
you will See by y* Commission I Left when I Left the Province. 

And if you Desire a Dep'>' Gover' rather, name Three, or ffive, and 
I shall name one of Them, so as you Consider of a Comfortable sub- 
stance, that y' Governm' may not go a begging. I do not this to be a 
binding president; but to give you and y' people you represent the 
fullest pledges I an able at this Distance, of my regard to them. What 
Ever you do, I desire, beseech & Charge you all to avoyd ffactions 
and parties. Whisperings & reportings, and all animosities, that put- 
ting yo' Common Shoulder to y" Publick work, you may have The 



PROVINCIAL COUNCIL. 275 

Reward of Good men & Patriots, and so Ibid you heartily ffairewell. 
Given at London, This 12'" of y' 6"" Mo., 1689- 

W. PENN. 
W. P. P. G. 
To my Trusty and well beloved ffriends, y° Provincial! 

Councill at Philadelphia, in Pennsilvania. 
By Ed. BLACKFA^^ 

The members of Councill present being unwilling to Enter Imme- 
diately vpon debate w''*' of The two foregoing Commissions is most 
requisite should be put in Execution, did vnanimously agree at this 
lime to Depart, and to meet againe to morrow, at nine in y" ffore- 
noon. 



At a Meeting of y' Members of Councill in y" Councill Roome, y" 
2-* 11 Mo., 1689-90. 

present: 
Tho. Lloj'd, Barth. Coppock, Wm. Stockdale, 

Jo° Symcock, Jo" Bristow, Sam. Carpenter, 

Jo" Eckly, Grif. Jones, Jo" Hill, 

Sam. Richards, Wm. Clark, Wm. Markham, Se. 

It was Debated w* of y^ Two Commissions that was Read jester* 
day should be put in Execution, and Resolved vnanimously, that y" 
Commission w'^" Impowred y" Councill to be Deputy Gover"' or Leive- 
tenant, to be accepted: accordingly, y" Councill Elected Thomas Lloyd 
President. It was put to y'' vote whether the other Commission should 
be Canciled or not: Carried in y" affirmative, N. C. D., and was ac- 
cordingly Canciled at y"^ board. 

Then was Read this ffollowing Clause in a Letter from the Proprie- 
tary to his Commissioners of The same, viz: 

Whereas, there is 6001b. due to me, w'^" has been neglected or re- 
fused to be paid, if y*" Province will build me an house in the City ffor 
my reception, vpon my Lott, Leaveing me to make additions hereaf- 
ter, if there be occasion, I hope to be there as soon as that is ffinished. 
I have sent Capt. Wm. Markham my model Or stock, y*" Three Planta- 
tions of my Three Children, w'" Each two Flundred pounds, w''" Comes 
to y" sum, I shall take it well, and this may be sooner and safer done 
y" returning me y' sum, tho' here it would have done me most good. 

The Petion of Thomas ffairman was Read, settinn; forth his creivance 
ftrom y' County Court of Philadelphia, in y^ Case between him & 
Mary Jeffs, wherevpon it was ordered y' y'' County Record be brought 
to y° Councill, to Exammine y" proceedings in that Case. 

Adjorned to Nath" Ibel's house, y" season being very Cold. 

The Secretary was Ord"'' to acquaint Jo" Blackwell, Esq'., y^Late 
Gover', in writeing, of the Board's Readiness to Receive any thing 



276 MINUTES OF THE 

ffrom him Communicative to tliem, and to wayt vpon him with it 
himselfe, w'*" was accordingly done, and it is as ffolloweth, viz: 

Sir: The Councill has this morning vnanimously accepted of y* 
Commission Impowring y' Provincial! Councill to be Dep''' Gover' or 
Leiu', and have accordingly made Choyce of Thomas Lloyd to be 
president, and vnder that flbrme, y*" Provinciall Councill is Ready to 
Receive what you have to Communicate to them. 

I am, S', your Humble serv', 

WM. MARKHAM. 

Wherevpon y* Said Blackwell, late Gover', attended w"" y' Secre- 
tary, Came to y' Councill, and after Congratulation, presented them 
with Instructions ftrom y^ Proprietary, and an abstract of Severall In- 
structions ffrom y' Proprietary to himselfe in private Letters; both 
w"^ are here at large sett downe, verbatim : 
Instructions ffor L' Governo"' Blackwell, or whomc else it may Con- 

cerne. 

First: that things be transacted in my Name, viz: Absolute Pro- 
prietary of Pennsilvania, "^(provided it agrees with our Charter and 
Laws, as I think it dos,) &c. 

2. That all Commissions Signed by me and sealed here with y* Les- 
ser Seal, be taken ffor Sufficient warr" & Directions ffor passing them 
vnder y' broad seal, without any other Instrument of Authority. 

3. Thirdly: to Collect y' Laws that are in Being, and send them 
over to me in a stitcht book, by y" very ffirst opportunity, which I 
have so often, and so much in vaine, desired. 

4. To be CarefuU that Speedy, as well as through and Impartiall 
Justice, be done ; Virtue in all Cherished, & vice in all punisht. 

5. That ffines be in proportion both of y" ffault and ability of y' 
party, y* so they may be paid. 

6. That ffewds between perswasions or Nations, or Counties, be 
Suppressed & Extinguished, if any be, & if none, that by a good Con- 
duct they may be prevented. 

7. That y' Widdows, Orphans, and Absent, may be perticularly 
Regarded in their Right, ffor their Cry will be Loudest in all Eares ; 
but by Absent I mean Such as are so by Necessity. 

8. To Countenance y' Comm" of Propriety, where land is vnseated, 
or people are vnruly in their settlements, or Comply not w"' reasona- 
ble Obligations about bounds, banks Timber, &c. ffor tho' wee Came 
to a wilderness, it was not that wee should Continue it so. 

9. That y' Sheriffs of y" Respective Counties be Charged w"" The 
Receipt of my rents, ffines, &c., as they doe in England, & give Se- 
curity to y" Receiver Generall ffor y'' same. 

10. To have a Speciall Care that Sheriffs & Clarks of y*" peace 
Impose not vpon y" people, and that y' magistrates live peaceably & 
soberly, ffor I would not Endure one loose or litigious person in Au- 
thority ; Lett them be men haveing some ffear of God, and hateing 
covetcousness, whatever be their persuasions : to Employ others is to 
prophane an Ordinance of God. 

11. That Care be taken ofy' Roads and Highways iny' Country* 



PROVINCIAL COUNCIL. 277 

that they may be streight & Commodious ffor Travellers ; ffor I vn- 
derstand they are turned about by y^ planters, w^"* is a mischief y' 
must not be endured. 

12. Rule y' meek meekly, and those that will not so be Ruled rule 
w"" Authority ; And God Almighty prosper all honest and pi'udent En- 
deavours. 

Lastly : Consider by what means or methods y^ Good and pros- 
perity of y' Plantation rriay be pa-omoted, and what Laws in being 
are vnnecessary or Defective, and what are wanting, and in Each par- 
ticular hereoff, Lett me have advice as Distinctly and as speedily as 
may be. 

Given at London, y' 25"' day of y' 7"* Mo., 1689, was signed 

WiM. PENN. 

An Abstract of Severall Instructions Recomended to me by y^ Pro- 
prietor, Directed with Relation to y' Governm' whilst I was Gover', Lt. 
Govei*"^ & Deputy Gover'' of this Province of Pennsilvania. 

[In his Lett' 11 2 m., 1689.] 

There is a Cause of y'"widdow Jeffs, in which I have been prest: I Doe 
desire y' shee may have justice Showne her, and as much mercy 
& Kindness as can be with justice to those Concerned with her. 

Also that y' Concerns of Henry Patrick may not be lost, Rich*^ Noble 
was Intrusted. 

[in his Lett. 11 6 mo. 1689.] 

Countenance y° Interest of Widdow Whitpaine and her husband's 
Creditors, all that is possible in justice; the Hono' of y° Province is 
Concerned in it. 

[in his Lett. 25 7 mo., 1689.] 

I must Recommend to y" Governm' y' Can^ of y' widdo Jeffs & 
Whitpaine, in which, believe me, y" Honour of y" Province is Deeply 
(Concerned, Especially}''' Latter, because of her husband's Creditors, 
whose Expectations are much ffor you there. 

Sam" Hersent left a Child there that was at my Charge, but I think 
ought to be mantayned by y" Community. It is y" Grandmother's 
desire he should be sent over by the ffirst Opportunity y' is safe, as if 
There Come a fleet with a Convoy ffrom Virginia or New York. 

I would be as Little Rigorous as possible; And doe desire thee, by 
all y" Obligation I and my present Circumstances can have vpon thee, 
to Desist y'^ prosecution of T. L. I intirely i^now y" person Loth iii 
his Weakness and Accomplishment, and would thee End y" Dispute 
between you two, vpon my Single Request & Command, and that 
iibrmer inconveniences be Rather mended then punished. 

P. S. Salute me to y'' people in Gene": pray send for J. Simcock, 
A. Cock, Jn" Eckle& Sam" Carpenter, and Lett them Dispose T. L. 
& Sa. Richardson to that Complying temper that may tend to that 
loeving & serious accord y' becomes such a Governm': vale. 

Ex', p. me, 
JOHN BLACKWELL. 

2' 11,1689. 

24 



278 MINUTES OF THE 

Ordered y' y' Secretary Deliver to y' Keeper vpon his Demand, y'' 
Commission this day accepted off by P" Councill, Impowring them to 
be Deputy Gover' or Leiu', in order to y" Keeper's passing it vnder y*^ 
broad seale. 

The Secretary Read a paragraph of a Letter firom y' Proprietary 
to him, bearing date y' 13 2'' Mo., 1689, viz: 

Pray represent to y^ Deputy Gover' & Provincial! Councill, the In- 
vasion and oppression of those that Except against any man being 
Chosen a member of Councill or Assembly that is in my service, 
though it appear y'they are otherwise good and Honest men: is there 
not y^ same Reason to refuse them their votes that Choose their 
Landlords, Customers, masters or Relations, ffbr y" Reason is rather 
Stronger: is my Interest already rendered so opposite to y" Country's, 
and I and those Imployed by me, become such ill men y' it is Impossi- 
ble they Can serve y' Country and me together? I Could say much 
against y° Impolicy & Impiety of Such Suggestions; only make a 
stand & protest against all Such things. 

The Records of y^ County Court of Philadelphia being brought to 
this board, and y* Case between Mary Jeffs and Thomas ffairman 
being thorowly Exammined by y^ Prov" Councill, Did Resolve and 
Order : 

That j" Appeale obteincd (vpon a judgm' by Thomas ffairman, at a 
County Court or Quarter Sessions held the ffirst day of y* fhrst month, 
1688-9,) Doc Continue till it be Determined by y^ next Provin" 
Court; and that what goods so ever have been taken in Execution vpon 
the aforesaid Judgment, or any subsequent Order of y"" said Court 
since in y' behalfe, y' y" sheriff, or such officers who have been Im- 
ployed vnder him, be required fibrthwith to make Restitution of y' 
same, as They shall Answer y* Contrary at their perrill. 

Adjorncd ffor an Hour. 

POST MERIDIEM. 

Present as before. 

The Petition of Kathe. Thomas was Read, Requesting Lycen. to 
Keep an Ordinary; w'''' was granted, provided shee procure Sufficient 
Cirtificate of her good behaviour. 

Ordered that a Blank (Jommission be Drawne ffor Prov" Judges. 

Ordered that Commissions of y'' Peace be made for all y" Counties, 
and these persons ffoUowingto be Inserted, (viz:) 

PHILAD. CO. 
Tho. Lloyd, Wm. Sahvaj, Law. Cock, 

Jo" Eokly, P>ar. Wilcox, Jo" Holme. 

R' Turner, ffra. Rawlcs, 

BUCKS CO. 
Arth. Cook, Tho. Janney, Jo" Brock, 

Jos. Growdon, Wm. Byles, Hen. Baker. 

Wm. Yardlv, Nich. Newlin, 



PROVINCIAL COUNCIL. 



279 



Jo" Bristow, 
Jo" Beaven, 
Jo" Blunston, 

Pet. Alrichs, 
Jo" Cann, 
► Wm. Stockdale, 
Ed. Blake, 

Wm. Clark, 
Jo° Brinkloe, 
Geo. Martin, 
Jo" Curtis, 

Wm. Clark, 
Tho. Wynn, 
Luke Watson, 

Adjorned till Tenn 



CHESTER CO. 

Nich. Newlin, 
ffran. Harrison, 
Sam" Levis, 



Jam. Sandcrling;, 
Wm. Howell, ^ 
Jos. ffearne. 



NEW CASTLE CO. 
Cor. Empson, Ch. Ramsey, 

Joha. D'Haes, R' Ashton, 

Pet. Banton, Jo" Ilayly. 



KENT CO. 
Dan. Jones, 
Jo" Walker, 
Mark. Manloe, 
Wm. Lawrence, 

SUSSEX CO. 
Jo" Hill, 
Tho. Price, 
Sam. Preston, 
To-morrow morning;. 



Wm. ffreeland, 
Jam. Brookes, 
Wm. Manlow. 



R' Clifton, 
Sam" Gray. 



At a meeting of y' Councill in Philadelphia the 3'^ 11 Mo., 1689-90. 



present: 



THOMAS LLOYD, Presid'. 

Jo" Eckly, Barth. Coppock, 



Jo" Hill, 

W^m. Markham, 

Jo" Bristow. 



Sam. Carpenter, Wm. Clark, 

Sam. Richardson, Griff. Jones, 
Wm. Stockdale, Jo" Symcock, 

The Petition of Wm. Hill, who with his wife were prisoners in 
y" County of Kent, with severall other papers Relateing to their 
Cause, were Read, Complayning against the seveare vsage of that 
Court ; and with all a Coppy of y° proceedings of y^ Court against 
them, was Read. All w*^*" being thorowly Exammined and Debated, 
it was Resolved & Ordered, 

That a warr' be made and sent Downe fore their Speedy Release. 

Adjorned till 9 to morrow forenoon. 



At a Meeting of y^ Councill in Philadelphia The4"' 1 l"'Mo., 16S9-90. 

present: 
THO. LLOYD, P. 

Jo" Symcock, Jo" Hill, Wm. Clark, 

Sam. Richardson, Griif. Jones, Wm. Markham, Sec"^. 

Jo" Bristow, 



280 MINUTES OF THE 

Vppon Debate whether y' Keeper of y" Broad Sealc miglit sitt Ex- 
officio ill any County Court within this Governm' as a member therc- 
o(r, They were vnanimously in y" Opinion he might. 

Ordered that a Publick Instrument be drawne according to y'' Pro- 
prietary's Instructions, to Suppress all sort of vice. 

Ordered that Commissions be Drawne ffor y" Sheriffs to Continue 
their Ollices vntill y^ Riseing of y" next provinciall Legislative Coun- 
cill, or till ffurthcr order. Jo"Claypoole Except'. 

Adjourned till y° 6"' Ins'. 2 in y^ afternoon. 



At a meeting of y" Councill in y* Councill Roome at Philadelphia 
yev'^ofye 11 Mo.,'l689-90. 

tresext: 
THOMAS LLOYD, F. 

Jo" Symcock, Wm. Clark, Jo° Hill, 

Jo" Eckly, Jo" Bristow, Wm. Markham, Sec". 

Sam Richardson, Sam. Carpenter, 

After y" Commissions and orders that were ordered to be were sign- 
ed by y^ President, and a Lyconce granted iTor Jere Scott to keep an 
ordinary in Sussex County, The Councill adjorned till fflirther Or- 
der, to be Called againe by y" presid', or in his absence by any tfour 
members of this Place. 



At a meeting of y" Legislative Councill The Thirty-ffirst day of 
y*" ffirst month, in the Councill Roome at Philadelphia, 1690. 

PRESENT : 

THOMAS LLOYD, Presid'. 

John Symcock, Jo" Curtis, Grif. Jone, 

Wm. Clark, Luke Watson, Bar. Coppock, 

Sam Richardson, Wm. Yardly, Wm. Markham, Sec"'. 

Wm. Stockdale, 

The Returne of y' County of Bucks was Read, wherein was Re- 
turned Arth. Cook to serve in Provinciall Councill flbr three years; 
Jos. Growdon, Henry Poynter, Rich'' Hough, Henry Baker, Edm'' 
Bonnet, Jo" Cook, to Serve in Assembly ffbr y" Ensuing year. 

Arther Cook Signed y" vsuall obligation and took his place at y" 
Board. 

The Returne of y° County of Philadelphia was Read, wherein was 
Returned Griff'. Owen to serve for Three years in Provinciall Coun- 
cill; (tThonxasDuckett to serve in Provinciall Councill ffbr y' Remaining 



PROVINCIAL COUNCIL. 281 

time that John Eckly Deceased, was to have served : and ffor Assem- 
bly, Wm. Salway, Humph. Murry, Thomas ffitzwater, Charles Pick- 
erin, Paul Sanders, Abraham Opdegrave. 

Griff. Owen & Tho. Duckett Signed y' vsuall obligation & took 
their places at y° board. 

The Returne of Kent County was Read, wherein was Returned 
.fo" Brinkloe to serve in Prov" Councill for Three Years ; and John 
Barnes, Jo. Betts, Dan" Browne, Ezech. Needham, Rich* Curtis, & 
Wm. ffreeland, to serve in Assembly ffor y" Ensuing Year.' 

Jo° Brinkloe signed y^ vsuall Obligation and took his place at y" 
board. 

The ffollowing Declaration was ordered to be Incerted, in order to 
the Provinciall Councill's Members signing it the same. 

Wee Doe hereby ffreely acknowledg Allegiance to y° King& Queen, 
and Declare & Promise ffidelity and Lawful! Obedience to Wm. Penn, 
Sonn and Heir of S'' Wm. Penn Deceased', and his heirs and Assigns, 
as RightfuU Proprietary and Governourof y' Same, according to the 
King's Letter Pattents and Deeds of Grant and ffeofment ffrom James, 
Duke of York and Albany, &c., and that Wee will never Act or Doe 
by word or Deed, Directly nor Indirectly, any thing, nor Consent to 
nor Conceale any person or thing whatsoever, to the Breach of This 
Solemn Engagement : In Wittness of which. Wee have herevnto sett 
Our hands. Dated In Councill At Philadelphia, the Thirty-ffirst day 
of y'ffirstMo. 1690. 

THO. LLOYD, p^siden*. 
John Symcock, J. d'haes, 

Samuell Richardson, John Blumston, 
John Curtis, Wm. Clark, 

Griffith Jones, Arthur Cooke, 

Griffith Owen, Thomas Duckett, 

John Brinkloe, Bartholomew Coppock, 

WiU.Yardley, Tho. Clifton, 

Wm. Stockdale, Jn° Cann, 

Luke Wattson, Wm. Markham, Sec'^. 

The Proprietary's Commission to y* Prov" Councill, Constituting 
them Dep''' Cover'', was Read at the board. 

Thomas Lloyd was vnanimously Continued Presid', and to hold the 
same during this Legislative Councill, and vntill they shall see occa- 
sion to alter. 

The orders to be observed by y' Councillors in Councill was Read ' 
Adjwned till 4 in y" afternoon. 



IN Y' AFTERNOON. 

PRESENT : 

THO. LLOYD, P. 

John Symcock, Wm. Stockdale, Barth. Coppock, 

Wm. Clark, Jo" Curtis, Johancs D'Haes, 

Sam" Richardson, Luke Watson, Wm. Markham, Sec''^. 

Wm. Yardly, Griff. Jones, 

24* 



282 



MINUTES OF THE 



The Returnc of y" County of Sussex was Read, wherein was 
Keturncd Thomas Clifton to serve in Provincial! Councill ffor Three 
years ; And John Hill, Rob' Clifton, Sam" Gray, Henry Smith, Babtist 
New-Come, and Thorn. Branscome, to serve in Assembly ffbr y' 
Ensuing year. 

Presid'. Lloyd informing y' board that he had Received a letter 
ffrom a very Credible person, a justice of y' peace in Sussex County, 
w''' gave an acco' of the Deboachery of sd Clifton, and in particular, 
y' y^ Clifton in his Discourse, should vse this Expression: that he 
was not ffbr Yea and Nay, but for God Damm You ; y'' w** words 
y' said Clifton Denying, y*" board Debated y^ matter, but haveing only 
paper Evidence, Resolved that He be admitted at present, but vpon 
tFurther proof made of y° ffact. Immediately dismissed ; and he was 
admitted accordingly. 

The Returne of New Castle County was Read, wherein was 
returned John Cann to Serve three years in Pro" Councill; and 
Edward Blake, Henry Williams, Rich*^ HoUwell, John Darby, Wm. 
Graunt, Jo" Donalson, to serve in Assembly. 

John Cann signed y° vsual obligation and took his place at y" board. 

Adjor^ till To-morrow, Eight in y' ffbrenoon. 



Att a meeting of y° Councill in Philadelphia y' ffirst of y° Second 
Mo., 1690. 

PRESENT : 

THO. LLOYD, P'. 

Arth' Cook, Griff". Owen, 

Sam" Richardson, Barth. Coppock, 

Tho. Duckett, Wm. Clark, 

Wm. Yardly, Grift'. Jones, 

Jo" Symcock, Jo° Brinkloe, 

Wm. Stockdale, Jo° Cann, 

Vpon Debate of y° various methods hetherto have been vsed in 
Choosing or Electing Representatives, it was Resolved and ordered, 
that Each County shall hence ffbrward Elect or give their Suffrages 
according to Charter, viz: by y'ballat. 

Adjorn'd till 3 in y' afternoon. 



Johanes D'Haes, 
Luke Watson, 
Thomas Clifton, 
Jo" Curtis, 
Wm. Markham, Sec". 



IN Y' AFTERNOON. 
Pi'csent as in y* ffbrenoon. 
The members of y' 3 Lower Counties move this board, that y' next 
Gene" Assembly, to be held y' next Third month, may be aty'Towno 
of New Castle, or at Some other place of y" Lower Counties. 

The board went vpon prepareing Severall bills ffbr promulgation, 
Then 

adjorned till 8 to morrow morning. 



PROVINCIAL COUNCIL. 283 

Att a meeting of y" Councill in Philadelphia The second day of y"" 
second month, 1690. 

PRESENT : 

THOMAS LLOYD, P. 

Wm. Clark, GrifF. Jones, Barth. Coppock, 

Jo" Cann, Jo" Curtis, Tho. Duckett, 

Luke Watson, Jo" Symcock, Tho. Clifton, 

Johanes D'Haes, Sam" Richardson, Arth. Cook, 

Wm. Stockdale, Griff. Owen, Wm.Markham, Sec'*". 

Jo" Brinkloe, Wm. Yardly, 

The Returne of Chester County was Read, wherein was Returned 
John Blunston to Serve Three Years in Provincial! Councill ; And 
John Bristow Wm. Jenkins, Rob' Pyle, Joshua tiearne, George Maris, 
Caleb Pusey, to Serve in y' Assembly ffor y'' Ensuing Year. 

Arthur Cook, Wm. Clark & Jos. Growdon, were vnanimously 
Chosen to be Provinciall Judges ffbr the next Provinciall Court, and 
Ordered that a Comission be Drawn Accordingly. 

The motion made Yesterday by y° members ofy^Lower Counties was 
Renewed, wherevpon y* Representatives of y^ Province gave way that 
y" next Gene" Assembly should be held at New Castle, and that it 
might be putt to y° vote that y' order of y' board might be had for y° 
same : Which was accordingly don, and Carried in y" affirmative ; 
and ordered that the secretary give notice thereof to j'* Respective 
Counties. 

Tho Petition of Thomas Harris was Read, Complayning against 
y° County Court of New Castle in a Cause between Olliver Perry of 
New England, and himselfe. Referd to y^ next sitting of y*' Councill. 

Adjorned till Eight To-morrow morning. 



At a meeting of The Councill in Philadelphia y^ 3''of y'2'* Mo., 
1690. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Wm. Clark, Jo" Curtis, Barth. Coppock, 

Jo" Cann, Jo" Symcock, Tho. Duckett, 

Luke Watson, Sam" Richardson, Tho. Clifton, 

Wm. Stockdale, Griff". Owen, Arth. Cook, 

Jo" Brinkloe, Wm. YartUy, Wm. Markham, Sec'^. 

Griff". Jones, 

The whole board Resolved into a Committee for preparing of bills 
to promulgate. 

Adjorned till Eight to-morrov/ morning. 



284 



MINUTES OF THE 



At a meeting of The Councill at Philadelphia y* 4'" of y* 2" Mc, 
1690. 



PRESENT : 



THOMAS LLOYD, Presid*. 

Jo" Symcock, Griff. Jones, 

Sam. Richardson, 

Griff. Owen, 

Wm. Clark, 

Luke Watson, 



Wm. Stockdale, 

Jo" Cann, 

Wm. Yardly, 

Jo° Brinkloe, 

The whole board Resolved into a Committee ffor preparing of bills 
to promulgate. 

Adjoined' till 3 afternoon. 



Barth. Coppock, 
Tho. Duckett, 
Arth. Cook, 
Jo" Curtis, 
Tho. Clifton, 



Arth. Cook, 

Tho. Duckett, 

Jo" Symcock, 

Tho. Chfton, 

Wm. Markham, Sec". 



AFTERNOON : 

PRESENT : 

THOMAS LLOYD, P. 
Wm. Clark, Grif. Jones, 

Jo" Cann, Wm. Yardly, 

Jo" Curtis, Sam" Richardson, 

Luke Watson, Barth. Coppock, 

Grif. Owen, Wm. Stockdale, 

Jo" Brinkloe, 

In was Ordered by y* board That y' Stile of The Authoryty should 
be as was those Laws past at Philadelphia The Thirty-ffirst day of 
y^ ffirst month, 1685, viz: The Gouernour and ffreemen in Provin- 
ciall Councill mett, &c. 

1 bill. The bill ffor Continuance of fformer Laws was Read, 
and past N. C. D. 

2. The bill ffor y^ Repealing Severall Laws was Read, and past 
N. C. D. 

S. The bill of Repeale of Parts of Severall Laws, Read & past 
N- C. D. 

4. The bill for punishing persons Summons'd to give their Evi- 
dence and doth not appear, past N. C. D. 

5. The bill ffor y" Rates of fferrys Read: past in y^ affirmative. 

6. The bill ffor an Addition to yM5 Law, prohibitting Rum to be 
sold to y' Indians, was Read : past in y' affirmative. 

7. The bill about Wages ffor y' members of Councill and Assembly 
was Read & past N. C. D. 

8. The bill to Constitute Provinciall Judges Read & Past N. C. D. 
adjor*^ till To morrow, 9 in y' fforenoon. 



PROVINCIAL COUNCIL. 285 

At y' meeting ofCouncill the 5 day ofy^ second month, 1690, 

present: 
THOMAS LLOYD, Presid'. 

Wm. Clark, Arth. Cook, Tho. Clifton, 

Sam" Richardson, Wm. Stockdale, Grif. Jones, 

Jo" Cann, Jo" Symcock, Tho. Duckett, 

Luke Watson, Barth. Coppock, Wm. Markham. 

John Brinkloe, Grif. Owen, 

9 bill. The bill about the Dyke at New Castle was Read and 
past N. C. D. 

10. The bill about Rangers was Read & past N. C. D. 

The bills that were Read yesterday and to day were againe Read, 
and past as before. 

Adjor"" till 3 in y^ afternoon. 



IN Y= AFTERNOON. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Wm. Clark, Barth. Coppock, Jo" Cann, 

Sam" Richardson, Tho. Clifton, Tho. Duckett, 

John Symcock, Wm. Yardly, Arth. Cook, 

Grif. Jones, Luke Watson, Grif. Owen, 

Jo" Brinkloe, Wm. Stockdale, Wm. Markham, Sec"^. 

Jo" Curtis, 

11 bill. The bill for Custome vpon Rum, &c., was Read, and past 
in y" affirmative. 

12. The bill ffor Customes vpon Deer Skinns was Read, & past in 
y" affirmative. 

13. The bill about mercinary pleadings in Courts was Read: past 
in y'' affirmative. 

The Petition of John White was Read, as here verbatim is sett 
downe, (viz:) 

• To the Presid' and Provincial I Councill of the Province of Penn- 
silvania and Territorys : 

The Petition of John White Humbly sheweth. That your Pef being 
Contrary to Law hindred of y^ proffitt and Exercise of y" office of 
Clark ofy'' sessions for y° towne and County of New Castle, to which 
your petitioner hath Lawfull Claim, He humbly beggs y° beneffitt of 
being heard &, Relieved, according to Law; & yo' Peti"", as in Duty 
bound, shall Dray, &c. 

JOHN WHITE. 

The Petition of John White being debated severall times, at Last, 
in a Legislative Councill, y' Issue was Resolved by their answer to 
the ffollowing Question : 

Whether Commission granted by Wm. Penn to John White, ffor 
y' office of y' Clark of y° peace ffor y' County of New Castle, being 



286 MINUTES OF THE 

to him as long as well behave himsclfe, doth not Continue in fforce 
vntill he shall be Convicted by Due Course of Law, which is by his 
peers: It was Carried in y'' affirmative. 

Griff". Jones AUigeing that he had had his tryall before Gover' 
BlackwcU and Councill at New Castle, and was Turned out tfor a 
Misdemeanor in his Office, and therefore Desired his Dissent might 
be Entred. 

The Petition of Sam" Carpenter was Read, requesting a bill might 
be prepared ffor pi'eventing hoggs to goe at Large in townes. 

Ord"', That a bill be Drawne ffor y' same, to mention only y' Townes 
of Philadelphia &, New Castle. 

adjor'' tenn in y^ fforenoon, y^ 7^ Ins'. 



At y' meeting of the Councill in the Councill Room in Philadelphia 
y' 7'^ of y" second month, 1690. 

presekt: 
THO. LLOYD, Presid'. 

Jo" Symcock, Jo° Cann, The. Duckett, 

Griff. Owen, Tho. Clifton, Wm. Stockdale, 

Jo" Curtis, Wm. Clark, Grif. Jones, 

Wm. Yardly, Arth. Cook, Wm. Markham, Sec'^. 

Luke Watson, Sam" Richardson, 

The whole board Resolved into a Comniittee to prepare some bills 
ffor promulgation. 

Adjo'' till y' afternoon. 



In y° afternoon : psent as in y^ fforenoon. 

The Secretary's memoriall was Read, which ffollows, verbatim : 
Philadelphia, y' 7'" of The second Mo., 169{). 
To the Provincial! Councill now sitting: 

The memoriall of Wm. Markham, Sec"^, Humbly offered to yo'Con-* 
siderations : 

1"". That the Proprietary hath often times sett fforth vnto you y' 
great and almost incredible Expences he hath been at in Support of 
y'' Governm', whereby he hath much Impared his Estate, and thereby 
wronged his ffamily, by maintaining y° publick w"" what belongs vnto 
them. 

2^^. Whereas, there hath been severall acts made and Impositions 
layd vpon goods Exported and Imported under a pretence to Raise 
money ffor y' Proprietary, towards the Support of his Governm', 
whereby many who are very willing to Support y^ necessary Charge 
thereof are possessed that the Proprietary hath great sums of money 
given him ffor y" Defraying y^ Same ; which mistake hath, and I ffear 
will be more prejuditiall, not only to y"^ Proprietary, but to his whole 



PROVINCIAL COUNCIL. 287 

Governm', ffor I humbly Conceive this board is sensablc that it hath 
not only not brought in one fTarthing, but Incouraged him still fFurther 
to Launch out his Estate in Expectation of it, to y" vse of The Publick; 
and not only that, but in y' opinion of your humble Remembrancer, 
like to Drive the trade iTrom this Province vnto our neighboring CoUo- 
ney, w'* if once don, will be Difficult to Recover. 

S'''. The Proprietary hath often Recommended to this board that 
some Course by taken ffor y^ payment of the Subscriptions, w*^*" was 
in Lieu of an act or Imposition on Rum, &c. ; but nothing hath been 
Effected therein. 

4''. I Humbly offer to yo" Considerations the Proprietary's words 
in his Letf to his Commissioners, bearing date y" 14"" of y" S"" Mo., 
1689, (viz:) Whereas there is 6001b. due to me, which has been Ne- 
glected or Refused to be paid. If the Province will build me a house 
in the City ffor my Reception, vpon mj Lott, leaveing me to make ad- 
ditions hereafter, if there be occasion, I hope to be there as Soon as 
that is ffinished: I have sent Capt. Markham my modell: Or stock 
the three plantations of my Three Children, Each 2001. Comes to the 
Summ, I shall take it well, and this may be sooner and safer don than 
Returning me that sum, tho' here it would have done me more good. 

'5. I ffurther humbly offer to yo'' Considerations what y° Pro- 
prietary was pleased to write to me, in his Letter bearing date y^ 13 
2'' Mo., 1689, (viz:) I send to seat my Children's Plantation that I 
gave them near Pennsberry, by Edw*^ Blackfan. Either Lett them 
settle me 3 Plantations for my Three Children, 2001b. Each, which 
make vp y" 6001.; or Lay it out in a City house ffor me, y' I may be 
Encouraged to live among them, tho' it would now doe me more good 
here. 

Lastly. The Sum Expected aforesaid as a Debt due to y'' Proprie- 
tary, and ought Immediately to be paid, is a Certaine Sum, viz: 6001. 
which Cannot be Raized but a Tax, or some other Coui'se, as may 
be Certaine in some Short Time to amount vnto y'' ffuU Sum, Clear of 
all Charges, and not by Importations or on Navigation, w"^'' are vncer- 
taine. 

WM. MARKHAM, Sec'^ 

14 bill, About Two Credible Evidences, was Read, and past in 
y° affirmative. 

15. The bill about Registry in anv Religious Socyety was Read, & 
past N. C. D. 

16. The bill about Hoggs going at Large in y° Towns of Phila- 
delphia and New Castle was Read, & past N. C. D. 

Adjor ' till 9 To-morrow fforenoon. 



288 MINUTES OF TPlE 

At a Councill in the Councill Room at Philadelphia the Eighth of 
y* second month, 1690. 

present: 
THO. LLOYD, Presid'. 

John Symcock, Tho. Clifton, Luke Watson, 

Arth. Cook, Wm. Clark, John Curtis, 

Sam" Richardson, Wm. Yardly, Griff. Jones, 

Tho. Duckett, Grif. Owen, Wm. Markham, Sec. 

The Petion of John White, w'*" was Read the 5"" Ins', was Reas- 
sumed, wherevpon this ffollovving Recommenditarj ord' was order- 
ed by y" board, (viz:) 

To Our flellow members of The Provinciall Councill, and to out 
ffriends the Justices ffor the Towne and County of New Castle: 

John White, of The said County, haveing made his application 
vnto vs ffor Relief against the Continued suspension of him ffrom the 
Exercise and proffitts of y" Office of The Clark of y^ peace for y' Coun- 
ty afforesaid. Wee haveing with due Regard to fformer procedures, 
& great circumspection, inspecting into and Considering his Com- 
plaint, have in a ffuU Councill, after severall previous and deliberate 
debates, Resolved that y'^ Commission granted by Gover' Penn vnto 
y^ s'' John White, ffor y^ office of Clark of y" peace ffor y^ County of 
New Castle, doth notwithstanding y^ Late Suspention, Continue in 
fforce, and abides vntill he shall be Convicted by Due course of Law; 
and wee ffurther observing that y" said Office Cannot be well Execu- 
ted by y' Person Commissionated by Cap' Blackwell, our late Gover', 
because of The officers power therein with y' said Gover"^ Station in 
y® Governm', Wee doe therefore Recommend the said John White 
herewith vnto your notice, and ffriendly admission of him in y" Rein- 
vestiture of his Clark's office, and into y' Exercise of y'' same with 
you; And as wee have strictly Enjoyned him, and shall Require y' 
same ffrom him, wee do not much doubt but he will deport himselfe 
obligingly, & with Respect & ffaithfulness vnto you. 

THO. LLOYD, Presid'. 
[Given by y^ Prov" Councill y" 8 of y^ 2" mo., 1690, at Philadelphia.] 

The Petition of Thomas Harris, Requesting Relief ffrom y*" Judg- 
ments given against him in the County Court of New Castle County, 
both in Law and Equity. 

Resolved he should have an order ffor a hearing in The next Prov" 
Court, w*^*" will be in y" next seventh month, provided y" matter of Com- 
plairit be not Determined by y" Consent of both parties, at y" Councill 
at New Castle , and in y'' meantime, notice to be given to John Cann 
that he part not with any of y" Effects he hath in his hands of Oliver 
Perry's, or his owners, vntill y'' Determination of the Difference as 
aforesaid. 

adjoi-'' till 3 in y' afternoon. 



PROVINCIAL COUNCIL. 
AFTERNOON. 



289 



Jo" Symcock. 
Tho. Clifton, 
Wm. Markham, Sec''. 



PRESENT : 

THO. LLOYD, P'. 

Tho. Duckett, Sam" Richardson, 

Jo" Curtis, Griff. Owen, 

Luke Watson, Wm. Yardly, 

Griff. Jones, Wm. Clark, 

Vppon debate of y° neglect of y^ Survey' Gen"' office and his Ex- 
traordinary ffecs. Resolved & Ord"' that y" Survey' Gene"^ Deputy be 
sent ffor to attend this board, and that Thomas Duckett be desired to 
take y" Care of sending ffor him. 

The Petition of Benj. Chambers, Tho. Peart and ffrancis Rawie, 
was Read, Requesting ffor themselves and others, that a bridg might 
be built over, and a wharfe made against Mulberry street. Resolved 
that when y" Petitioners shall bring in their proposalls, they shall have 
a hearing. 

Adjor'' till To-morrow 9 fforenoon. 



At a meeting of The Councill in y° Councill Roome in Philadel- 
phia y^ 9* day of y' 2^ Mo., 1G90. 

present: 
THOMAS LLOYD, Presid". 

John Symcock, Tho. Duckett, Jo° Curtis, 

Wm. Clark, Wm. Yardly, Sam Richardson, 

Arthur Cook, Luke Watson, Wm. Markham, Sec". 

Griff. Owen, 

Benj. Chambers &, ffrancis Rawle, according to the answer to their 
petition yesterday, brought. in their methods, (viz :) Mulberry Street 
being not less the Sixty ttbot in breadth in y' midest of The same, and 
about twenty perches back fTrom y"" River, wee Intend to Cutt out a 
Cart Road of twenty ffoot in breadth, iirom thence to Extend with a 
graduall Desscnt to Low water mark, and to have y" said passage paved 
and walled vp with stones on both sides, and to have a bridg over y' 
said passage, in y" midst of y^ ffront Street, and that part w"'^ Remaine.s 
vncovered to be flfenced with Railes; and at y' River End of The said 
passage, to make a ffree andpublick wharfe of Twenty flbot in breadtJi 
on Each side thereoff: Whcreunto y' Councill did assent. 

Ordered that a Warr* be made to Impowre Each County, by Thoir 
Respective magistrates and Grand Jury, to Divide their respective 
Counties into hundreds, or such other Division as they shall think 
most Convenient tibr their Ease in Collecting y° Levies ffor the De- 
fraying y" Charge of y^ Counties. 

adjor"^ till 3 in y' afternoon. 

25 



290 MINUTES OF THE 

AFFTERNOON. 
present: 
THO. LLOYD, Presid'. 

John Symcock, Wm. Clark, Tho. Duckett, 

Grift'. Jones, John Curtis, Luke Watson, 

Arth. Cook, Wm. Yardly, Tho. Clifton, 

am" Richardson, Griff*. Owen, Wm. Markham, Sec". 

The Petition of Ann Young in the behalfe ofy^ halfe of herselfe 
and her husband, Jacob Young, against Edw'^ Gibbs, High sherriff' of 
New Castle County, about a seasure made by y" s*^ Gibbs, y' Sheriff', 
on y" Goods and Chatteles of y' said Young, in a Case between y° 
said Sheriff" and Young, in which Case y' said Young had judgment 
j)ast against him by Default, not Knowing y* Time he should Appeare. 

Ordered that y^ said Ann Young and her husband, have an appeal 
■granted them to y° Provincial! Court after y° next ; provided they give 
Sufficient security ftbr the Estate seized, and ffbr standing and abide- 
ing by y' Judgment ofy' Provinc" Court. 

adjor"* till 10 to-morrow fforcnoon. 



At a meeting of the Councill in the Councill Room in Philadelphia 
The 10 of j^ 2' Mo., 1690. 

present: 
THO. LLOYD, Presid'. 

Jo Symcock, Wm. Yardly, Grif Jones, 

Arth. Cook, Jo" Curtis, ' Tho. Clifton, 

Grift'. Owen, Sa. Richardson, Luke Watson, 

Wm. Clark, Tho. Duckett, Wm. Markham, Sec'^. 

17 bill. The bill ff'or Regulating the Survey"" fi'ees Read, and pas^ 
ill y' affirmative. 

John Blunston,a member of Councill ftbr y' County of Chester, 
haveing absented y* service thereof sometime, and y" board being 
informed by y" other members of The said County, that y^ said Blun- 
ston at his Election was muchag' his being Elected, & still Continues 
very vneasy and much Indisposed to serve. Ordered the secretary 
write to him to have his Resolution therein. 

adjor' till 2 in y" aS'ternoon. 



In y" afternoon. Present as in y" fforenoon. 

The Commission for the Provinciall Judges, viz: Arth. Cook, Wm. 
Clark &; Joseph Growdon, was this day signed by y' Presid', bearing 
date y' 1" Ins', to Continue only ftbr this present Court. 



I 



PROVINCIAL COUNCIL. 29i 

Joseph Taylor presented y" CounciU with a writing wherein he 
inlbrmed the board y' he made Choyce of Arth. Cook to be his Guar- 
dian, & Desired it might be Entred on y" minutes accordingly. 

adj. till To-morrow, 9 ffbrenoon. 



At a meeting of the Council! in v' Councill room in Philadelphia 
The 11 of y' 2^ Mo., 1690. 



THO. LLOYD, Presid'. 

Wm. Clark, Wm. Yardly, Arth. Cook, 

Jo" Symcock, Luke Watson, Jo" Curtis, 

Sam" Richardson, Grift'. Owen, , Tho. Clifton, 

Tho. Duckett, Grift". Jones, Wm, Markham, Sec^. 

A Letter bearing date y° 2"^ of Ap", Directed to Thomas Lloyd, 
Presid' of Pennsylvania, was Read : it was subscribed Jacob Leislear ; 
the purport was to send some agent to New York to treat with them 
of York and other Collonies, about some Cours topreserv themselves 
ffrom yei' Enemyes, y'^ ffrench. 

Ordered that the Commission of The peace ffbr y° Three Lower 
Counties be Renewed, and j' They runn by y*" King's Authority. 

Vpon severall Debates Concerning the office of The Clark of y" 
peace ftbr this County, it was generally refterred to y* Disposall of 
the present Master of y*^ Rolls, he being the Chief Officer of Reccords. 

Vppon a proposall Concerning a Sherift' to be Chosen ftbr Bucks 
County, the present Sheriff Expressing his vnwillingness to serve 
longer, as the board were informed, Therevpon Wm. Yardly was 
agreed vpon to be Commissionated ffbr y^ said place. 

Adjor. till 9 to-morrow ffbrenoon. 



At a meeting of The Councill in y* Councill room In Philadelphia 
The 12 of The 2'' Mo., 1690. 

present: 
THO. LLOYD, Presid'. 

Wm. Clark, Sam" Richardson, Luke Watson, 

Arth. Cook, Wm. Yardly, Wm. Markham, Sec''. 

Jo" Sjmcock, 

After some Debate about Commissionating officers, &c., 

Adjor. till 3 in y' afternoon. 



292 HINUl'ES b^ THE 

IN THE AFTERNOON. 

PRESENT : 

THO. LLOYD, Presid'. 

John Symcock, Sa" Richardson, Tho. Clifton, 

Luke Watson, Jo" Curtis, Wni. Markham. 

Tho. Duckelt, 

Vppon y^ Reading of The Petition of John Buzby, who married 
the Daughter of Christopher Taylor, Deceased, Requesting a Devi- 
sion of y" Estate of y° said Chris, amongst his Children, Arthur Cook 
and Sam" Richardson Desired to Endeavour an Equall partition, more 
Especially of y' perishable part of y° s"* Estate, which lyes in Thomas 
Hooton's Custody, and Thomas Hooton is hereby Ordered to Deliver 
The said Goods to y" order of The Referees before named. 

Vpon y" Reading y* Pet. of y° Legatees of Ja. Claypoole, Request- 
ing y" Care of y° Councill .in inspecting into the mannagem' of the 
administration intrusted in their Eldest Brother's liands Chiefly, It 
was ordered that y" said Brother shall have notice to answer the lega- 
tee's Exceptions herein in y" next Councill. 

John White Requesting the Councill to signifie their sense to y° 
Justices of New Castle County, to order James Claypoole to give vp 
the County Scale and Records vnto him. The board thought The 
Order granted in his behalfe, Directed to their members and Justices, 
was Sufficient ttbr y' present. 

Adjor'' Till To-morrow, 9 in y^ forenoon. 



At a meeting of The Councill in The Councill room in Philadel- 
phia y* IS'^ofV 2' Mo., 1690. 

tresent: 
THO. LLOYD, Presid'. 

John Symcock, Tho. Duokett, Jo" Curtis, 

Arth. Cook, Grif. Owen, Luke Watson, 

Wm. Clark, Tho. Clifton, Wm. Markham, Sec^'. 

Three Commissions of Peace ffor The Three Lower Counties were 
signed by y" presid', bearing date y" 11 of y^S** Mo., 1690. 
°Adjorned till The 15'" Ins'. 



At a meet, of The Councill in the Councill room the 15"" of y' 2' 
Mo., 1690, in Philadelphia. 

present: 
'I'HO. LLOYD, Presid'. 

Jo" Symcock, Luke Watson, Grif. Owen, 

Arth. Cook, Tho. Duckett, Sam" Richardson, 

Wm. Clark, Jo" Curtis, Wm. Markham, Sec'''. 



PROVINCIAL COUNCIL. 293 

The Councill mett this day to appoynt atimc to adjorne to, and Did 
Conclude oft' and adjornd accordingly to y" 12 of y^ 3 Mo. next, 
vnless the Presid' and 6 members see Cause of any Emergent occa- 
sion to meet sooner ; or in his absence, by notice given by any six 
members Else, hence ftVom this place. 

Betbre the Departure of The Councill out of The Councill, a Ictt' 
Came to the board ffrom John Blunston, in answer to y' Secretary's, 
by ord' of this board on y" 10"" Ins', w^'' being Read, and his Resons 
flbr Excuseing him to serve in Provincial] Councill beins; allowed, It 
was ordered a writt should be forthwith sent to the Sherift' of Chester 
County to Summons y'^ ttreemeu of The said County to meet at Ches- 
ter on y'' 22 Ins', to Elect one to serve in his Room ; the w* writt was 
signed by y' Presid'. 

Then adjor'^ ag before. 



At a CounciU in The Councill Room in Philadelphia The 24'" of 
v^ 2-' Mo.. 1690. 

PRESENT : 

THO. LLOYD, Presid'. 

Arth. Cook, Griflf. Jones, Griff". Owen, 

Sam" Richardson, Tho. Duckett, Wm. Markham, Sec''. 

A Lett"^ was Read ffrom y° Assembly of Maryland, bearing date 
y*ll"'of Ap", 1690. 

The Presid' is Desired to returne an answer ffrom himselfe & y" 
board to y^ Late speaker of The Assembly in Maryland. 

The Petition of severall of The ffi-eemen of This Province willing 
and Ready to bear Amies in Defence of The same, was Read ; which 
ffbllows verbatim, (viz:) 

To The Honeb"= the Provincial! Councill, now Dep'y Govei-' of y' Pro- 
vince of Pennsilvania. 
The Humble Petition of some of The Inhabitants willing and Ready 

to bear Armes (lor y" service and DefTence of This Governm', 

Sheweth : 

That whereas, there is a warr between y° Crownes of England and 
ffrance, and that our Enemies, the flrench, have barbarously murdered 
many of his Mai" Subjects, very near y^ Confines of this Province, 
w'*" have struck no Small terrour in vs and our ftamilyes, and may 
happen to Attack vs when wee Least think of it, wee humbly pray that 
you, our Giovci-', will be pleased forthw"' to settle y^ Country in'Such 
a posture that we may be able by ffbrce of A rmes, to Defend it against 
any assault of our Enemies; and as in Duty bound, shall pray. 

Wm. Markham, 
Lacy Cock, 
Swan Swanson, 
.To" Holme, 
Andrew Binkson. 
2S* 



294 MINUTES OF THE 

The board being informed that Lassie Cock intends vp y' Skoolkill 
among our Indians, y^ begining of y° next week, doe request that 
y' presid', with y' present members, give Instruction to y° said Lacy 
(Sock to make perticular Enquirie Conerning y" store and quantity 
of Ammunition in y® Custody of y*" ffcw ffrcnch ffamilies seated vp 
the said River, and in Case he shall fiindc greater store then shall 
be judged Expedient to be left there, to have y° same secured, in ord' 
to be brought to Barnabas Willcox's store, assureing the owner's Rea- 
sonable satisfaction fibr the same; and ffurther, that such of y° s"' 
ffrench who may be justly suspected of vnfaithffuUness to this pro- 
vince, may be, by y" most sutable meanes, perswaded downc here ; and 
that y° Chief Sachem of our Indians may be assured of our good In- 
tention towards them and their people, and that wee desire a meeting 
with their Cheif men as soon as they Cann Conveniently, giving vs 
notice of The time nine, or tenn days before, and if he sees occasion 
to Imploy four or six Likely and trusty persons of Them to Range 
along the most likely parts, ffor y*" Discovering of any Designs of y" 
fFrench, or their Indians, against the peace, who shall have Competent 
satisfaction at their Return to vs. And our desire is that Capt. Mark- 
liam, Rob. Turner, with such Credible persons as may be perswaded 
vpon this service, goc along with y*" said Lassie Cock, and that he vpon 
all occasions, take y" advice & Concurrence of y'' said persons; And 
in y' meantime, Care be taken ffor sutable presents ffor them at their 
meeting with vs. 

The Councill adjor-" till y' 12* 3'^ month, vnless y° Presid' and 
members. See Cause, vpon any Emergent occasion, to meet sooner, 
or in Ills absence, by notice given by any six members Else hence. 



At a Councill held at New Castle y'' 12 of y^ S' Mo., 1690. 

pkesent: 
THOMAS LLOYD, P. 

Jo" Symcock, Griff. Owen, Tho. Duckett, 

Arth. Cook, Wm. Stockdale, Jo" Brunkloe, 

Jo" Cann, Earth. Coppock, Joha. D'Hawes, 

Sam. Richardson, Luke Watson, Wm. Markham, Sec''. 

The Returne of Chester County ffor Wm. Howell to serve In Pro- 
vinciall Councill in y" Roome of John Blunston, was Read. He ap- 
j)eared not, but a Letter ffrom him, Directed to y" board, bearing date 
y' Eighth of y" 3"^ month, 1690, w"^' was Read, setting forth his Inca- 
j)assity, &c., ofgivcing Such attendance as is Requisite to that service, 
Hcferd at present, and to be Resolved before y' Riseingof this Legis-, 
lativc Councill. 

The Committee appoynted to Receive proposalls ffrom y" Assembly, 
vpon Amendments of y" promulgated bills, is Arth. Cook, Grif. Owen, 
Jo" Symcock, Jo" Cann, Jo" Brinkloc, Lulco Watson, 



PROVINCIAL COUNCIL. 295 

The Petion of Adam Johnson was Read, &c. The board not 
haveing any Certaine Knowledg of y° matter, nor Coppy of any Re- 
cord before them, Defered it for the pi-esent. 

The Pet. of James Ifox was Read, &c. Defer'dtill afternoon. 

adjor*^ till 4 in y° afternoon. 



AFTERNOON. 
present: 
THOMAS LLOYD, P'. 

Arth. Cook, Jo" Symcock, Johanes D'Hawes,. 

Wm. Clark, Grifi'. Owen, Jo° Brinkloe, 

Jo°Cann, Wm. Stockdale, GrifF. Jones, 

Sam Richardson, Luke Watson, Wm. Markhana, Sec"i 

Tho. Duckett, Barth. Coppock, 

James fFoxe's Pet., w'"" was Read in y* fforenoon, was again Read, 
Complayning ag' James Walliam, y*" King's ColIecffTor selling tobacco 
he seized, pretendedly by virtue of a judgment obteinedin y'' County 
Court of New Castle : an abstract of y^ Proceedings of y" said Coun- 
ty Court was also Read at this board. 

The Assembly Came to this board. Joseph Growdon, a member 
thereoff, acquaints y" Councill that y* Assembly had Chosen them 
their Speaker. 

The bills No. 1, 2, 3, 4, 5, 6, w"^ were promulgated,. were given to 
y° Speaker. 

GrifF. Jones, a member of This board, acquaints the Councill' that 
Wm. Yardly, an other member. Could not attend his Duty through 
Indisposition. 

James Walliam, y' King's Collector, being sent ffor to this board, 
to answer y" Complaint of James ffox, appeared and promised that to- 
morrow morning he would appear againe, to give ffurther satisfaction. 

adjora'^ till 7 to-morrow morning. . 



At a Councill at New Castle y" 13'" 3'' Mo., 1690. 
present: 
THOMAS LLOYD, P. 

Sam" Richardson, Wm. Stockdale, Luke Watson, 

Grif. Owen, Jo° Brinkloe, Tho. Duckett, 

Barth. Coppock, Jo° Curtis, Wm. Clark, 

GrifT. Jones, Arth. Cook, Wm. Markham, Sec'^. 

Joha. D'Hawes, Jo° Symcock, 

James Walliam, y° King's Collector, not appearing according to y' 
minute yesterday, was sent for, but was gon out of Towne. 

Wm. Clark was added to y** Committee appoynted yesterday, and 
any 4 of them to be a Quorum. 



296 MINUTES OF THE 

Edvv"^ Gibbs, High Sheriff of New Castle County, and Hugh Mas- 
land, Butcher of y'' said Towne, were sent for to appear before this 
board. Hugh Masland's attestation was Read, w"'' is as ffolloweth, 
verbatim : Vpon the Request of James ffox was Hugh Masland 
solemnly attested, who Declares that being vpon a Jury in a plea De- 
pending y" 23 Ins'., James ffox, pi' against James Walliam, George 
More, Vnder Sheriff, Came among them, and severall times vrged y*^ 
Cause against James ffox ; and that Edw' Gibbs persuaded the Depo- 
nent to agree w"' y^ Rest ofy^Juryin behalfe of James Walliain, ffor 
y' y" said Edw'' Gibbs said it was suspected y' y^ Deponent was Con- 
cerned with Tobacco ffrom Maryland in y' Like Kind, which he and 
the Collector had Discoursed together about, and it might be well 
enough: And likewise persuaded him not to be so Stubborne, as 
haveing heard he was y*" only man stood out; but that y^ said discourse 
took noe Effect w'" them, and that Edw'' Gibbs said to y*^ Depon', he 
would promise vpon his word, if the Deponent would agree w"" y" Rest 
of y^ Jury, he should no ways be Damnified by reason of any suspi- 
tion of y' Depon" being Concerned in y' Like Nature, and ffurther 
Saith not. 

Taken before vs this 25 Aprill, 1690. 

John Cann, 
Joha. D'Haes, 
Edw" Blake. 

Hugh Masland ownes y^ attestation. The Sheriff and Hugh Mas- 
land being interrogated, &c., and y*" whole matter Debated, Defer'd y° 
Conclusion till to morrow morning, at which time it was ord^^ that 
James Walliam, y' King's Collector, attend this board. 

Rich'' Curtis and Rob' Pyle, two members of y^ Assembly, Came 
to y^ board for y^ Rest of y^ Promulgated bills, w'*" was Delivered them. 
No. 7 to 17. 

Adjorn'd till 3 in y^ afternoon. 



AFTERNOON. 

PRESENT : 

THOMAS LLOYD, F, 

Arth'. Cook, Thomas Duckett, John Brinkloe, 

Wm. Clark, John Cann, Joha. D'Haes, 

Grif. Jones, John Symcock, Barth. Coppock, 

Sara" Richardson, Wm. Stockdale, Griff, Owen, 

Jo" Curtis, Luke AVatson, Wm. Markham, Sec". 

Oedible Information being given to this board that John Richardson, 
■y" Elder of Kent County, hath behaved himselfe so violently and In- 
humainely towards his wife, that it is much ffeared he may be her 
Death ;!wherevponit was ordered y' a warr' be sent downe to y* Justi- 
ces of y' County, to make thorow Examinnation into y'' matter, w'^ 
Direction that vpon sufficient proof, to bind him over to his good be- 
haviour, & to secure him in prison vntill he ffind good & able secur. 



PROVINCIAL COUNCIL. 



297 



Cap' Peter Alrichs Came into y^ Counciil Roome and presented to 
Vhis board a Commission ffrom Gover'' Penn to himselfe, bearing 
datey' 18 8ber, 1683, Constituting him Leift, and Com'^inChiefof y'' 
Towne and ffort at New Castle, &c., w"* was Read ; and Likewise, 
he produced a paper of Subscription of several) persons that had List- 
ed themselves to serve y' Country vpon any occasion of an Enemies 
approach, w'*" was Likewise Read. 

adjorned till 8 lo-morrow morning. 



Att a Counciil at New Castle y* 14'" 3 Mo., 1690. 



present; 
THOMAS LLOYD, P\ 

Arth' Cook, Griff. Jones, 



Sam. Richardson, 
Griff. Owen, 
Tho. Duckett, 
Jo" Sjmcock, 



Wm. Stockdale, 
Jo" Curtis, 
Earth. Coppock, 
Jo" Brinkloe, 



Luke Watson, 
John Cann, 
Joha. D'Haes, 
AVm. Clark, 
Wm. Markham, Sec'-' 



According to y^ notice sent yesterday to James Walliam, Collect' of" 
y° King's Customs, he appeared, & likewise James ffox. 

James Walliam produced his Instructions ffrom Patrick Mien, Esq''., 
Surver^ Getf" of his Maj'' Customs in y^ American Plantation. 

Vppon y* Debate of y" tryall vppona se-izure made by James Wal- 
liam, of about 40 hdds. of Tobacco of said James ffox's, y' Clark of 
y^ County of New Castle was sent with y" Record of y* said tryalL 

The Petition of James ffox, w'^ was Read y" 12 Ins', was agaiae 
Read : James Walliam, against whome he petitioned, being present. 

Adjor^ till 4 Aflernoon. 



IN Y^ AFTERNOON, 14 3 Mo., 1690. 



THOMAS LLOYD. 
John Symcock, 
Arth' Cook, 
Wm. Clark, 
GrilT. Owen, 
Grif. Jones, 



PRESENT : 

Luke Watson, 
John Cann, 
Tho. Duckett, 
Sam. Richardson, 
Jo" Curtis, 



Barth. Coppock. 
Jo" Brinkloe, 
Wm. Stockdale, 
Joha. D'Haes, 

Wm. Markham, Sec'y. 

The Difference between James ffox and James Walliam, y"' King's 
Collect', was Reassumed, and y' Records of y^ County Court of New 
Castle, where y' tryall was Exammined ; and vpon Debate it was Re- 
solved that y" said Walliam and ffox be spoaken*to to End y^ Differ- 
ence between themselves, before this board proceeds any ffurther in it. 
Adjorn'' till 9 to-morrow morning. 



598 MINUTES OF THE 

New Castle, At a Councill y' 15'^ 3 Mo., 1690. 
present: 

THOMAS LLOYD, P', w"^ y" Rest, as yesterday. 

The Committee of This board presented the Promulgated bills they 
had Received ilrom a Committee of y' Assembly, with y" Assembly's 
Amendments and Rejectm'% which were Allowed off according to 
their proposalls, tho' the ftbrme of Drawing y*" said Amendments into 
Bills may be properly y° Concerne of This board, and that their 
Committee be informed of their mistake in their Resolve vpon y* fhrst 
bill. 

Resolved that y' Committee of y*" Councill acquaint the Assembly 
that to-morrow morning they shall be Ready, if y* Assembly Can, to 
pass all y^ bills that are to be passed. 

Adj'^ till 7 to-morrow morning. 



At a Councill in y" Court-house at New Castle, y' 16*3^ Mo.,.1690, 

PRESENT : 

THO. LLOYD, P'. 

John Symcock, Arth. Cook, Jo" Brinkloe, 

Tho. Duckett, Jo" Cann, Luke Watson, 

Griff. Owen, Sam" Richardson, Wm. Stockdale, 

Griff. Jones, Joha. D'Haes, Barth. Coppock, 

Wm. Clark, Jo" Curtis, Wm. Markham, Sec'^. 

The Councill mett in this place, that they might have Roome to _ 
make a Gen'" Assembly. ■ 

The Councill being Called over and Satt, the Assembly was Called 
in ; and being asked by the Presid' whether they were Ready to pass 
or Reject y" bills as promulgated, varied, or added vnto. Said they 
were. They took their places, and made a Gen'" Assembly. 

I"'. The ffirst bill was Read, w"" its amendments : past N. C. D. 

£". The Second bill was Read: past N. C. D. 

3. The third bill was Read: past N. C. D. 

4. The ffourth bill was Read: past N. C. D. 

5. The ffifth bill was Read : past in y^ affirmative. 

6. The Sixth bill was Read : past N. C. D. 

7. The Seventh bill was Read : Rejected. 

8. The Eighth bill was Read; Past N. C. D. 

9. The Ninth bill was Read : Past N. C. D. 

10. The Tenth bill was Read: Past N. C D. 

11. The Eleventh bill was Read: Rejected. 

12. The Twelveth bill was Read : Rejected. 

13. The Thirteehth bill Read, & Rejected. 

14. The ffourteenth bill Read, & Past N. C. D. 

15. Theffifteenth bill Read, and past N. C. D. 

16. The Sixteenth bill Read, & past N. C. D. 

17. The Seventeenth bill was Read, & past in y' affirm. 



PROVINCIAL COUNCIL. 299 

The Gene" Assembly adjorned at this time, till y' Cover' & Coun- 
cill should Dismiss them. 

The Councill adjorned till y* afternoon, to y* place of Their Sitting, 
Cap' fToratt's house. 



In y'' Afternoon : Present as in the ffbrenoon. 

Ordered that y* Secretary make vp the acco' of Buoy mony with 
in a month. 

Two members of The Assembly Came to acquaint the board that 
the Assembly were Ready (when the Councill pleased) to Receive 
their Discharge. Appoyiited they should Come about two hours hence. 

Ordered a Commission should be Drawne ffbr Rich'' Holwell to be 
High Sheriff of New Castle County, to Commence y^ ffirst of August, 
to Continue for one whole year. 

The Petition of White was Read, Humbly Requesting he might be 
Re-Invested in his office of Clark of New Castle County, Alligeing 
he was Illegally turned out of The Same. 

Resolved by y" majority of the board, that he shall have an Order 
ffor y° Delivery back to him the Records of y° said County Court. 
The wording of y" ord' is Referd to y* Presid'& Secretary. 

The Petion of Sam" Atkins was Read, Complayning against Wm. 
Clark, a member of this board. Referd to Common Law. 

Kent County Commission of y° peace, dat. 112'' Mo., 1690, was 
Signed by Thomas Lloyd, Presid'. Justices inserted are Jo° Brink- 
loe, John Curtis, George Martin, Dan" Jones, John Walker, Mark 
Manloe, Wm. Lawrence, Wm. ffreeland Tho. Rouse, Wm. Manloe, 
Jo° Betts, Symond Hirons. 

One of The same date ffbr New Castle County, was also Signed. 
The Justices were Peter Alrichs, John Cann, Wm. Stockdale, Ew"* 
Blake, Cornelius Empson, Joha. D'Haes, Pef Bainton, Charles Rum- 
sey, Rob' Ashton, John Hayly and Hen. Williams. 

Ord"^ Rob' Robinson have a Commission ffbr Coroner of New 
Castle County, and another ffbr Thomas Stratton flx^r Kent County. 

The Assembly was Called in and Received their Discharge ffrom 
their present service. 

The Councill adjorned to Philadelphia, The 22'' Ins'. 



At a Councill in y° Councill Roome in Philadelphia v''22of y" 
Z' Mo., 1690. 

PRESENT : 

THOMAS LLOYD, P'. 

John Symcock, Grif. Owen, Wm. Clark, 

Sam" Richardson, Arth' Cook, Wm. Markham, Sec", 



-TOd MINUTES OF THE 

Some mim"ber of Indians this day Coming into the towne, suppose- 
ing to make application to the Governm', Ordered that Cap' Lawrence 
Cock be sent for, to be in Towne by Eight to-morrow morning, to In- 
terprete; and in Case y'Councill are not Sitting, that y" Presid', with 
y" Present members and Justices, with others, y" principall Inhabi- 
tants, Doe treat them Civilly, Receive their message, and give their 
answer accordingly. 

Cap' L. Tort makeing his application to y" Councill that he may 
have liberty to goe for England, Resolved that he may, provided he 
performes the Laws of Governm' in that Case provided. 

Ordered that Nehemiah ffield have a Lycence to Keep ordinary at 
Lewis. 

adjorn'd till ffurther Order. 



At a meeting of y'^ Councill in the Councill Room in Philadelphia 
the 30 of y^ 5'" Mo., 1690. 

PRESENT : 

THOMAS LLOYD, Presid'. 

Jo° Symcock, Barth. Coppock, Griff. Jones, 

Griff. Owen, Sam" Richardson, Wm. Markham, Sec". 

Arth. Cook, 

Notice being given to this board by y'' Justices of Sussex County, 
y' y° Sheriff of y^ said County intends suddenly ffor England, and 
Recommending Sam" Preston as a Ifitt person to Supply y^ place, a 
Commission was this day signed ffor him. 

In a letter frromEdw"* Blackfann vnto y'' Secretary, bearing date at 
London, y'= 30 9ber., 1089, and Rec" of Rich'' Morris, Master of 
y'' Philadelphia march', the 15"' 5 Mo., 1690, was Inclosed an Order 
ffrom the Lords of The Privic Councill, Directed (To Our Loveing 
iTriend, Wm. Penn, Esq'., Proprietor of Their Maj" Province of Penn- 
silvania, in America,) bearing date ffrom y' Councill Room in White- 
hall, y= 19'^ day of ffeb., 1688-9, ffor the proclaming William and 
Mary, Prince and Princess of Orange, King & Queen of England, 
Ifrance and Ireland, and of y^ Territorys and Dominions Thcrevnto 
appertaining; w'" three printed Proclamations ffor the Same, and 
Coppys of y" oaths to be taken in stead of y^ Oath of Allegiance and 
Supremacy. 

Vppon Debate of y° a'foresaid ord' ffrom y'' Lords, it was Resolved 
That Since }' whole Tenour thereoff hath been in Effect performed 
by an Order ffrom y" Gover"" and Councill, bearing date y^ 2'' day of y' 
O"" month, 1689, and that so long time, by Accidents, hath Relapsed 
ffrom y' Date of The said ord' to y*^ Time of Receit thereof, that it 
was not necessary to publish it. 

The Petition of ffran. Cook was Read, Requesting an Equall Devi- 
sion of y' Estate of Jame Claypoole, Deceased, amongsthis Children. 
Ordered that John Claypoole Appear at y' next Councill, to answer 
y° said Cook's Complaint. 



PROVINCIAL COUNCIL. 301 

The Petition of Sam" Atkins was Read, setting fforth that Rich'* 
Russell hath taken out Execution vpon a judgment obteined ag' him, 
y' said Atkins, by y^ said Russell, in y' County Court of Philadel- 
phia, held in y^ ffirst month Last past, notwithstanding y' Court did 
appoynt Sam" Carpenter and Benj. Chambers to adjust their acco", 
and to make Returne thereofi' to y" next Court. Ordered That Sam" 
Carpenter and Benj. Chambers be Desired to End y" Difference de- 
pending between y' said Russell and Atkins, w"" was Refer'd to them 
by y' said County Court of Philadelphia, and make Returne of Their 
so doing to y*" next said County Court. 

Ordered that notice be given to all y" members of Councill, that 
they meet at Philadelphia y' 4* 7 Mo. next, To Commissionate Prov" 
Judges. 

Adjor"* till 3 in y* afternoon. 



AFTERNOON. 
present: 
THOMAS LLOYD, Presid'. 

John Symcock, Arth. Cook, Griff. Owen, 

Grif. Jones, Sam. Richardson, Wm. Markham, Sec''. 

The Councill vnderstanding that James Claypoole, Clark of New 
Castle County, was in Towne, sent ffor him, and asked him his Rea- 
son why he did not obey y^ order Directed to him to Deliver y'write- 
ings and Seal of y' said County to Jo" White. His answer was that 
before y' order ('ame downe, the Court had Commanded him to De- 
liver vp their Records to them, and that he did deliver y° same to 
them in open Court. The Councill therevpon signified to him that 
what Act he shall doe as Clark flbr ye ffuture shall be looked vpon as 
of no Effect. 

Ordered that notice be given to y" Magistrates of Kent County, that 
y' Councill hath thought ffitt (vpon an 111 Character of John Richard- 
son, jun'.) to makevoyd y'Lycence he had to keep ordinary, and that 
they are desired to take Care it be suppressed accordingly. 

Ordered That Benj. Chambers have a warr' to Constitute him a 
Water-Baly ffor y" Province of Pennsilvani;i. 

Ord"" Blank Commissions to be dravvne Ibr Coroners. 

adjorn'^ till y'' 4'" 7 Mo. next, or till ffurtliLr order. 



At a meeting of v' Councill in y' Councill Room at Philadelpl-.ia y* 
4 7 Mo., 1690. 

PRESENT : 

THOMAS LLOYD, Presid'. 

John Symcock, Grif. Owen, Barth. Coppock, 

Arth"^ Cook, Wm. Yardly, John Brinkloe, 

Tho. Dnckett, Wm. Stockdale, Wm. Markham, Sec''. 

Sam" Richardson, Griff. Jones, 

26 



302 IVriNUTES OF THE 

It was y* sense of y* majority of This board, and Griff. Jones was 
desired to Deliver it to William Markham, that y' said Markham 
should Deliver y' seal and Records of y' County of Philadelphia to 
y' master of y*" Rolls, or his order. 

The Address of y' Justices ofy" County Court now sitting in Phila- 
delphia, was Read, Complayning against William Markham ffor not 
delivering y^ Reccords and seal of y^ Said County. 

adjorn ^ till to-morrow, 7 in y' morning. 



At a meeting of y" Council! in y' Councill Room in Philadelphia v' 
5 7 Mo., 1690. 

PRESENT : 

THOMAS LLOYD, Presid*. 

John Symcock, , Griff. Jones, Barth. Coppock, 

Arth. Cook, Tho. Duckett, Gi iff. Owen, 

Wm. Yardly, Wm. Stockdale, \Vm. Markham, Se<-:'^. 

Sam" Richardson, 

A Letf was Read ffrom Cadwallader Jones, Gover' of New Pro- 
vidence, bearing date firom thence y' 30"' July, 1690, with a Procla- 
mation ffrom y" sad Gover' to Incourage those who has any Claime an y 
land there to Returne. 

Tho Address of y° Justices of y' County of Philadelph. ffor h 
fFurther Strengthning y' Authority of y' watch was Read. The board 
Returned Answer that they well approved of Their address, and shall 
give due Continance to y^ Same vpon all occasions. It was putt to 
y"" vote whether Wm. Markham should bring y" seal and Records of 
■v° County of Philadelphia and Deliver y'' same vp to this board : it 
was Carried in y" affirmative 

Wm. Markham, by Consent of y" board, Entred this for his Reply: 
that he was Keeper of y° Rolls and seal by Commission, diu'ing good 
behaviour, and his Commission not being Legally vacated, nor any 
misbehaviour laid to his Charge, he thinks it his duty to Keep lh<ni 
still in his Possession. 

The Councill haveing Thorowly Considered his Reply to Ihiir onf 
ffor y* Delivery of y'' seal and Records of This County, And Ixin,': 
Gen'" Satisfied that his Commission Determined w"" Cap' BlackwellV 
Station in y" Governm', doe look vpon his Reply a Contempt to y'ord' 
of This board. 

Vppon y'' Reading of y' Petition of Severall of y'^ Inhabitants of 
Philadelphia, Requesting the Care of y' Councill in Refcrrence to a 
Certaine vssell, whereotf John James is master. Ordered that notice 
be given to the master, if in Town"^, to Appear in y' afternoon to 
answer y^ Complaint, and that Sam" Carpenter, w"' y' Rest of y' 
Petitioners, attend accordingly. 

Ar'jorn'd till 3 in y' afternoon. 



PROVINCIAL COUNCIL. 303- 

Allernoon ; Present as in y' iiurenoou. 

The Petition of James fTox was Read, Requesting a Remission of 
v' Governour's part of 42 hdds. of Tobacco, w** was Seised and Ap- 
praised at Nine p. hdd. The board ordered tliat it Should be lelt 
vucoUectcd vntill y" Gover'' be acquainted therew'*". 

Jolin James, against whome y' Complaint in y' fforenoon was Ex- 
hibited, not beint)- in Towne, it was DeferM till y' next sitting. 

The Judges appoynted are Arthur Cook, John Symcock, Joseph. 
Grortdon, Peter Alrichs, Thomas Wynn. 

adjorud till to-morrow, 7 in y' forenoon.. 



At a meeting of v' Councill in v' Councill room in Philadelphia 
v'fj'^'ofy'rMo.,1690. 

PiiESENT : 

THOMAS LLOYD, Presid'. 

John Symcock, Wm. Yardly, Wm. Stockdale, 

Artli. Cook, Sam" Richard.son, Grif. Jones, 

GriSV Owen, Barth. Coppock, \Ym. Mark ham, Sec'^ 

Tho. Duckett, 

Ord'^ that y^ Respective Sheriffs be Charged with y^ Rec' of v" 
l.Jover" Rents and Dues. O'd''^ That Arthur Cook be added to y' 
Comission of y" peace ffbr Philadelphia County, and John Symcock. 
to Chester. 

adjor^till y'= ll'" Ins'. 



At a Councill in y' Councill Room at Philadelphia 7 ber. 11, 1690. 
present: 
THOMAS LLOYD, P'. 

John Svmcock, Tho. Duckett, Griff". Owen, 

Sam" Richardson, Barth. Coppock, Wm. Markham, Sec"^. 

Sam" Carpenter, Phil. Richards and Jo° Delavall, three of y° person 
that Subscribed y° Petition Read against John James y' 5* Ins'., Ap- 
peared to prossecute their Complaint against Jo° James, be being 
present. 

Vppon y' Debate of the whole matter, it was Ordered that a fflirther 
Survey be made vpon y° vessell, Riggin, &c. of her sufficientcy ffor 
performing her vovage to England, and in Case vpon y' survey it 
appears that shee is Insufficient to performe her voyage to England, 
That The Goods mentioned in y" Certificate, with y° Cirtificate it 
selfe, and Letters, be Secured to y° satisfaction of y' Goyernm'. 



304 MINUTES OF THE 

Orel"'' That y* Commission ffor y*^ Judges be fforthwith drawne and 
signed by y' Presid. 

Ord^ That y' Presid' provide a County seal ffor Philadelphia 
County. 

adjor. till ffurther ord'. 



At a Meeting of y' Councill in The Councill Roomc at Philadelphia 
the 21 of9ber. 1690- 



Wm. Clark, Luke Watson, John Brink loe, 

Jo° Cann, Joha. D'Haes, Grif. Jones. 

The members being mett, they proceeded to Choose their Presid', 
and vnanimously Chose Wm. Clark. 

The members of Sussex County setting trorth y' one y° members of 
Councill ffor their County, viz : Thomas Clifton, was gon to England, 
whereby the Attendance of y" other two may Light too heavy on 
them. Resolved That a writt be forthwith drawn and Signed by the 
Present President, to Choose an other to serve During his absence: 
the day for y'' Election to be on ) " 3^ of y" next month. 

The Councill takeing into Consideration y' great Dammage and 
Disappoyntments Caused by the neglect or vnwillingness of y' Judges 
to doe their Dutys in Severall Counties, that they were by Law and 
Comiss™ obliged to Doe, And to the End that that Service may be 
duly observed and Kept, They Thought ffitt to make a new Choyce 
of Judges, and Chose John Symcock, Wm. Clark, Arthur Cook, Griff. 
Jones and Edw"* Blacke, who being Singly putt to y" vote, were vnani- 
mously Chosen. 

Ord^ That according to the Proprietary's Example, There be two 
Commissions Drawne ffor the Judges, that y' Province may be accom- 
modated, and y° Counties annex'd, with Each one; in which Com- 
mission John Simcock to be placed ffirst in one of Them, and Wm. 
Clark ffirst in y" other; The Commissions to be in ffoi'ce vntill y' 
Sitting of y' next Gen''" Assembly; And it was vnanimously agreed 
and ordered that John Cann and .Tohn Brinkloe wayte vpon y' 
Keeper, in order to have y' broad seal to them. 

Ordered that Commissions be fforthwith drawne for Continuing y° 
C larks of y" Counties annexed in their Respective places, vntill y' 
Proprietary himselfe shall think ffitt otherways to order it: Or that y' 
Provinciall Councill, Two of y' members of y" Respective County 
y' Clark bebngeth vnto. Consenting make it voyde. 

The members of New Castle County Requests That a ffaire may 
be Keptat y'Towneof New Castle twice a year : it was vnanimously 
agreed to, and Ordered y' it beheld ony" 3'' and 4"" days of May, and 
3 and 4"' days of 9ber Annually. 

Adjorned till Two in y° afternoon. 



PROVINCIAL COUNCIL. 305 

AFTERNOON. 

Present as in y' forenoon. 

Resolved that henceforward no Officer be Commissionated or ap- 
pointed by this board ffor any of the Respective Counties within this 
Government, vnless at Least two members of y' County be present 
a,nd assent therevnto : 'I'he w''' being putt to y' vote, it past N. C. D. 

John Cann & John Brinkloe Returned from wayting on y^ Keeper 
with y^ Judges Commission to pass vnder y' broad Seal, and reported 
that y° Keeper absolutely Refused to seal them ; therefore, it was Or- 
dered that y' Judges Act by Them vnder y^ lesser scale, as they are. 

adjorned till ffurther order. 



Gulielmus et Maria Die Gratia Angliae scotiae Frantia at Hiberniae 
Rex et Regina Fidei defensores <5cc. Dilecto Nobis Benjamino Fletcher 
Armigero Salutem ad cognoscendum et procedendum in quibuscun- 
que Causis civilibus etmaritimus atque querelis contractibus delictis sen 
quasi Delictis criminibus placitis debitis, excambys Computis chartis 
partitis conventionibus Litibus transgressionibus, injurys extortionibus 
Demandis ac negotys civilibus acmaritimis motis sen movendis quibus- 
cunque inter mercatores aut inter Dominos et proprietarias navium et 
aliorum Vasorum et mercatores sen alios quoscunque cum eisdem 
Dominis et proprietarys navium et cteterorum Vasorum quorumcun- 
que infra Jurisdictionem maritimam Admiralitatis nostrae provinciae No- 
viEboraci et Territoriorum eisdem dependentium in America, viz: Co- 
loniarum de Jersey Orientali et occidentali, Provinciae Pennsilvaniae 
et Regionis Novi Castri ac Omnium terrarum tractuum et Tei'ritorio- 
rum eisdem dependentium occupatorum vel usitatorum sen interquas- 
cunque alias personas qualitercunque habitis factis initis sen contractis 
proaliqua re materia causa vel negotio sen injuria quacunque infra 
Jurisdictionem nostram maritimam praedictam expeditis sen expedien- 
dis, Una cum omnibus et singulis suis incidentibus emergentibus 
dependentibus annexis et connexio causis quibuscunque ubicunque 
sen qualitercunque hujusmodi Causa querelae Contractus et alia pro- 
missa supradicta veleorum aliquod orlri celebrari, contrah vel fieri 
contingat, juxta jura statuta Leges Ordinationcs et consuetudines 
ab antiqua observata audiendum et terminandum. Ac insuperin omni- 
bus et singulis querelis contractibus conventionibus etcausiset negotys 
civilibus et maritimis ultra mare per ficiendis ultrave mare contractis 
qualetercunque emergentibus sen contingentibus. Acetiam in caeteris 
causis et materys omnibus et singulis quae Jurisdictionem maritimam 
admiralitatis nostrae pradictae in Dictis provincia nostra Novi Eboraci 
et territorys eisdem dependentibus in America, viz: Colonys de Jersey 
orientali ct occidentali provincia Pennsylvaniceet Rcgione Novi Castri 
ac omnibus terrarum tractibus et territorys eisdem dependentibus et parti- 
bus maritimis corundem et eisdem adjacentibus quibuscunque quovis 
modo tangunt sen aliquo modo concernunt vel ab antiquo pertinere dc- 
buerunt aut debeut. Et generalitcr in omnibus et singulis alysCausis 
Litibus Criminibus delictis excessubus injurys querelis maleficys sen 

26* 



306 MINUTES OF THE 

quasi nialciicys Transgressionibus Rcgratarys forstallarys ct negotys 
inaritimis quibuscunqueper Loca prajdicta infra .lurisdictionem mari- 
timamadmiralitatis nostraeprovinciae Nostra Novi Eboraciet tunitori- 
orum eidem dcpendentium in America, viz: Coloniarum de Jersey Orien- 
tali ct occidcntali Provinciae Pennsilvaniae et Regionis Novi Castri ac 
omnium terrarum tractuum et territoriorum eisdeni Dcpendentium praj- 
dict per mare vel aquam aut ripas sen Littora eorundem qualitcrcunque 
factis Commissisperpetrati.s aut emergentibus. Nee Non ad inquiren- 
dum per sacramentiim proborum et Legaiium hominum dedictis 
provincia nostra Novi Eboraci et Territorys eidem depentlens in Ameri- 
ca, viz: Colonys de Jersey oricntali ct occidcntali provincia pennsil- 
vaniae et Regione Novi Castri ac omnibus terrarum tractibus et Ter- 
ritorys cisdem Dependens et partibus maritimis eorundem et eisdem 
adjacentibus quibuscunque tam infra Libertates et ffranclieiss quam 
extra ubi Libet Commorantium tam de omnibus et singulis quae de 
Jure statutis Legibus Ordinationibus vel Consuetudinibus ab antiquo 
observatis inquiri solcnt vel deberent quam de vi'recco maris ac de om- 
nibus et singulis bonis et Catalis quorumcunque jiroditorum pirata- 
rum Homicidarum et felonum qualitcrcunque infra Jurisdictionem ma- 
ritimam admiralitatis nostrae provinciae nostrae Novi Eboraci et Ter- 
ritoriorum eidem dependens in America,Viz: Coloniarum de Jersey ori- 
entali et occidcntali, provinciae pennsilvaniae et Regionis Novi Castri 
ac omnium terrarum tractuum et territoriorum eisdem dcpendentium 
pra?dictde]inquentium: Ac de bonis debitis et Oatallis omnium ct singu- 
lorum eorum manu-tenentium access-arlorum Consulcntium auxilian- 
tium vel assistentium quorumcunque, Atque etiamde bonis debitis et Ca- 
talis quorumcunque pcrsonarium felonium de se et cujus libet personae fe- 
lonis de se infra jurisdictionem nostram maratimam pra^dictam quovis 
modo sen qualitcrcunque ad mortem dcvenientium ubicunque bona debita 
et Catalla hujus modi aut aliqua parcella eorundem per mare aquam vel 
terram indictis provincia nostra Novi Eboraci et territorys eidem depcL- 
(lentibus in America, viz: Colonys de Jersey orientali et occidcntali pro- 
vincia Pennsilvania;et Regione Novi Castri ac omnibus Terrarum Trac- 
tibus et Territorys eisdem dependcntibusct partibus maritimis eorundem 
et eisdem adjacentibus quibuscunque tam infra Libertates et ffrancheiss 
<]uam extra fuerint inventa sen invenicnda forisfacta sen forisfacienda 
vel cxistentia qua^cunque. Ac etiam de bonis debitis et Catallis quarum- 
cunquc aliarum felonum dc se et cujuslibct alterius personae fclonis 
de se infra jurisdictionem nostram maritimam [)radict rep'Crtis sen 
reperiendis Contingentibus quibuscunque. Et pro'tera tam de bonis de- 
bitis ct Catallis quorumcunque aliorum jiroditorum felonum et Homi- 
cidarum ubicunque Locorum delinqucntium. Ac debonis Debitis et 
Catallis eorum manutenentium accessariorum Consulcntium auxilian- 
tium vel assistentium quam de bonis debitis et Catallis quorum cunque 
tFugitivorum Convictorum attinctorum damnatorum utlagatorum vel 
m exigendo pro proditione felonia homicidio vel murdi'o sen aliquo 
alio quocunquc ofTenso aut delicto qualitcrcunque posito sive penendo. 
Atqueetiam de Bonis Waviatis Flotzon Setzon LAGO^' shakes Tiie- 
sAURo invento sen inveniendo Deodandis. Ac debonis quorumcunque 
aliorum pro delictis liabitis vel habendis sen casu fortuito rcpertis aut 



PROVINCIAL COUNCIL. 307 

reperiendis vcl qualitercunque debitis s«n debendis. Ac De omnibus 
alys Casualibus tarn insupcr vel per mare Littoraque Crecas aut 
Costeras maris vel partes maritimas quam in super vel per aquas 
dulces portus flumina publica rivos sen Crecas aut Loca super- 
inundata quaecunque intra fluxum et refluxum maris sen aquae 
ad plenitudinem aut super Littora vel ripas alicujus eorundcm infra 
Jurisdictionem nostram maritimam pncdictam qualitercunque quando- 
cunque vel quomodocunque emergentibus contingentibus sive pro- 
venientibus quibuscuuque vel ubicunque bona debita et Catallahujus- 
modi aut ca^tera prreniissa vel aliqua parcella eorundem infra Juris- 
dictionem nostram maritimain prt^ediclam reperiantur aut inveniri sen 
repcriri contigerint. Ac in super de andieragys et Lastagys sen areuoso 
navium oneratione Kt de piscibus Uegalibus, viz: Sturgeonibus Bale- 
nis Cetis porpesys Delphinis, I'iggis ac graspitys et generaliter de 
ca^^teris piscibus quibuscunque mugnam sive ingentem Crassitudinem 
sive j>inguedinem in sehabenlibus ab antique dejure vel consuetudine 
ad nos quovis modo pertinentibus aut spectantibus sen aliquo modo 
consuetis eadwnque wreccum maris ac bona debita et catalla et cae- 
tera praimissa omnia et singula una cum omnibus et omnimodis linibus 
mulctis exitibus forisfacturis amerciamentis redemptionibus et rccog- 
nitionibus quibuscunque forisfactis sen forisfaciendis et poenis pecu- 
niar vs pro transgressionibus delictis injurys extorlionibus contemptibus 
accalys malcticys quibuscunque vel proaliqua re materia sen causa 
quacunque impositis vel inflictis in-ponendis vel in fligendis qualiter- 
cunque in Dictis provincia nostra Eburaci et territorys eideni dcpen- 
dentibus in America, viz : Colonys De Jersey orientali et Occidentali, 
Provincia Pennsilvaniae, et Regions Novi Castri ac omnibus terrarum 
tractibus et Territorys eisdem dependentibus et partibus maritimis 
corundum et eisdem adjacentibus quibuscunque in aliqua Curia admi- 
ralitatis nostrae ibidem tenta sen tenenda presentatis sen presentandis 
assidendis allerendis forisfaciendis senadjudicandis. Ac etiam una cum 
amerciamentis exitibus finibus perquisitis mulctis et poenis pecuniarys 
quibuscunque ac Ibrisfacturis quarumcunquc recognitionum coram 
Vobis vestiove Locumtenente deputato vel deputatis indictis provincia 
nostra Novi Eboraci et Territorys eidem dependentibus in America, 
viz : Colonys do Jersey orientali et occidentali, provincia Pemasil- 
vanise et Regione Novi Castri; ac omnibus Terrarum Tractibus et 
Territorys eisdem Dependentibus et partibus maritimis eorundem et 
ysdem adjacentibus quibuscunque audiendis et terminandis assignatis 
sen assignandis contingentibus sen impositis aut imponendis vel in fli- 
gendis sen aliquo modo assidendis, afterendis forisfaciendis sen adjudi- 
candis aut aliquo modo occasione pra.'missorum Nobis vel Hercdibus 
sen Successoribus nostris in eaparte qualitercun(]uc Debitis sive De- 
bendis quibuscunque pretendum exigendum, Levandum Capiendum, 
Colligendum recipiendum et obtinendum acad usum nostrum at officy 
magnae Admiralla nostrae Angliae pracdict pro tempore existente cus- 
todiendum et conservandum. Ac insu])er recognitioncs Cautiones 
obligationes et sti|)ulationes quascunque tam ad usum nostrum quam 
ad quarumcunque partium instantiam pro Conventionibus sen debitis 
ac a\ys causis quibuscuuque capiendm casque executioni ponendem 



308 MINUTES OF THE 

ct exequi faciendm et mandandum. Nee non naves personas, res, bona, 
merces, it mercimonia qufECimque pro praemissis et eorum quolibet 
acalys causis quibuscunque ea concernentibus ubicunque Locorum 
per dicta p ro vinciam nostram Novi Eboraci et Ter ritoria eidem dependen- 
tia in America, viz: Colonias de Jersey orientali et occidentali, pro- 
vinciam Pennsilvanise et Regionem Novi Castri ac omnes terrarum 
tractus et Territoria eisdem dependentia et partes maritimas eorundem 
et eisdem adjacentes quascunque infra Libertates et ifrancheiss vel ex- 
tra fuerint inventa sen reperta Atque etiam pro alys Conventionibus 
causis sen debitis quibuscunque qualitercunque contractis sive emer- 
gentibus dum modo bona sen catalla sen personae debitorum reperian- 
tur infra jurisdictionem nostram prcedictem juxta Leges Civileset mari- 
timas et consuetudines ab antiquo usitatas realiter arrestandum et ar- 
restari faciendum et mandandum Spsasque cum suis emergentibus, de- 
pendentibus incidentibus, annexis et connexis Causis et negotys quibus- 
cunque unacum caeteris causis Civilibusetmaritimis atque querelis con- 
tractibus et alys praemissis omnibus et singulis quibuscunque Superius 
respective expressis juxta Leges et consuetudines praedictas, acalys vys 
modis et modys Legitimus quibus melius Sciveris aut preteris audiendm 
examinandm disentiendm et fine debito Terminandm. Ac personas 
quascunque inea parte prout casus exiget comparere et respondere 
cum cujuslibet Coertionis temporalis alteriusque poenae et mulctao 
potestate juxta Leges et consuetudines praedictas compellendm ac justi- 
tiam faciendm et ministrandm etiam juris ordine servato sen velo Le- 
vato sine Strepitu et figura justitiae sola facti et rei veritate inspecta 
procedendum Reosque et Contemptores ac juris sen Jurisdictionis 
admiralitatis nostra? violatores et Usurpatores delinquentes et contu- 
maciter absentes Nam Ceros Marinarios Remiges piscatorcs nanpe- 
gos et alias operarios et expertos quoscunque res Nauticas quascunque 
exercentes juxta jura statuta Leges Ordinationes et consuetudines ab 
antiquo observata mulctandm Corrigendm puniendm Castigandm et 
reformandm ac in quibuscunque Carceribus infra provinciam nostram 
Novi Eboraci et Territoria eidem dependens in America, viz: Colo- 
nias de Jersey orientali et occidentali, provinciam Pennsilvaniseet Re- 
gionem Novi Castri ac omnes terrarum tractus et territoria' eisdenn 

o 

dependentia predict existenti bus incarccrandum etincarcerari faciendm 
et mandandm Incarceratosque quascunque inea parte qui deliberandi 
fuerint deliberandum et penitus cxonerandum et exonerari faciendm et 
mandandum, Flumina que publica portus rivos et aquas dulces et 
Crecas quaecunque infra Jurisdictionem Nostram maritimam prae- 
dictam ubicunque Locorum in Dictis provincia nostra Novi Eboraci et 
Territory s eidem dcpendentibus in America, viz: Colonys de Jersey 
orientali et occidentali, Provincia Pennsilvante et Regione Novi Castri, 
ac omnibus terrarum tractibus et territorys eisdem dcpendentibus et 
partibus maritimis eorundem et eisdem adjacentibus quibuscunque ex- 
istunt pro Conservationetam Classisnostrae ac Classium etNavigiorum 
Regnorum et dominiorum Nostrorum praedictorum quam piscium in 
eisdem fluminibus et Locis pracdict crescentium quorumcunque Nee 
Non jura statuta Leges, ordinationes et consuetudines ab antiquo ob- 
servata in dictis provincia Nostra Novi Eboraci et Territorys eidem 



PROVINCIAL COUNCIL. 309 

dependensin America, viz: Colonys de Jersey oricntali et occidentali, 
provincia Pennsylvaniaeet Rngione Novi Castri ac omnibus tenarum 
tractibus et Territorvs eisdem dependentibus et partibus maritimis 
corundum et eisdem adjacentibus quibuscunque conservandum et exequi 
et conservari faciendin omniaque et singula alia iaciendm cxercendm 
expediendm et exequendum in pracmissis et eoruni quolibet prout de 
jure et secundum Leges et statuta Ordinationes et Consuetudines prae- 
dict flierint facicndm. Ac in super Retianimis stricta acalia ingenia sive 
Instrumenta quaecunque illicita circa prensionem piscium ubicunquc 
Locorum per mare aut flumina publica portus, rivos aquas dulces sen 
Crecas quaecunque per provinciam nostram Novi Eboraci et territoria 
eidem dependens in America, Viz: Colonias de Jersey orientali et occi- 
dentali, Provinciam Pennsilvaniae et regionem Novi Castri ac omnes 
terrarum tractus et territoria eisdem dependentia praedict et partes 
maritimas corundum et eisdem adjacentes quascunque infra jurisdic- 
tionem nostram praedictam ubicunque Locorum per aquam Occu- 
pata sive exercitata ac Exercitatores et occupatores eorundem jux- 
ta jura statuta Leges ordinationes et Consuetudines praedicta pu- 
niendm corrigendm et reformandm, Sententiasque et decreta quae- 
cunque fulminandum promulgandm et interpenendm, Eaque execu- 
tione demandandm cum cognitione et jurisdictione quarumcunque alia- 
rum Cavsurum civilium et maritimarum, quis sunt maris sen quae mare 
vel maris pertransitum sive passagium aut Iter navale sive Viagium 
maritimum vel Jurisdictionem nostram mantimam supradictam sen 
Loca vel Limites admiralitatis nostras praodictjE et Cognitionem 
antedictam ac alia quaecunque expedita vel expedienda quovis modo 
(^oncernunt sen respiarint etiam cum potestate procedendi in eisdem 
jnxta jura statuta Leges, ordinationes et consuetudines prtedicta ab an- 
tique usitata tam ex officio mero mixto vel promote quam ad alicujus 
partis instantiam prout casus exiget et expediens visum fuerit, Et 
etiam cum Cognitione et decisianede wrecco maris magno sen parvo 
ac de morte submersione et Visu corporum mortuorum quarum 
cunque personarum in mare vel Fluminibus publicis portibus aquis 
dulcibus sen Crecis quibuscunque infra fluxum maris et aquae ad 
plenitudinem perdicta provinciam nostram Novi Eboraci et Territoria 
eidem dependentia in America, viz: Colonias de Jersey orientali et 
occidentali, provinciam Pennsilvaniae et Regionem Novi Castri ac 
omnes Terrarum Tractus et Territoria eisdem dependentia et partes 
maritimas corundum et eisdem adjacentes quascunque vel alibi infra 
jurisdictionem nostram praedictam qualitcrcunque inter fectarum sive 
submersarum aut interficiendarum sen submergendarum sive murdera- 
tarurn vel murderandarum aut aliquo alio modo ibidem ad mortem 
devenientium ; Una cum cognitione de Mahemio in Locis prfedict infra 
Jurisdictionem nostram maritimam praedictam ac fluxum maris et aquae- 
ibidem contingenti. Cum potestate etiam puniendi delinquentes in ea 
parte quoscunque juxta juris exigentiam et consuetudines praedictas 
caeteraque omnia et singula quae in praemissis tantum et circa ea 
necessaria fuerint sen quomodo Libet opportima juxta et secundum 
Jura Statuta Leges, ordinationes et consuetudines praedicta faciendum 
exercendm expediendm et exequendm. Tibi de cujus fidelitateet Cir- 
cumspectionis industria plurimum in hac parte confidimus Vices et 



310 MINUTES OF THE 

authoritatum Nostras in ct per provinciam nostram Novi Eboraci et 
tcrritoria cidein dcpcndcntia in America, Viz: Colunias de Jersey ori- 
cntali et oecidentali, provinciam Pennsilvanae ct Regionem Novi Cas- 
tri ac omnes lerrarum traclus ct Territoria eisdem dependcntia prae- 
dicta et partes maritimas eorundam ct eisdem adjacentes quascunque 
Atque etiam per omnia et Singula Littora maris fluminaque publica 
portus, aquas dulces RivosCrecas,ac brachia tam maris quarnlluminum 
I't Costerias quacunque dictorum provinciae Nostrae Novi Eboraci ct 
territoriorum eidem depcndentium in America Viz: Coloniarum de 
Jersey oriental! et oecidentali, Provinciae Pennsilvaniae et Regionis 
NoviCastri, ac omnium Terrarum Tractuum et Tcrriloriorum eisdem 
dependcntium et partium maritimarum eorundem ct eisdem adjaccnti- 
um quarumcunque infra Libcrtaics ct ffi-ancheiss ac extra Committi- 
mus per praescntes ac conccdimus. Cum potestate alium vol alios 
Deputatum sivedeputatos quoties Tibi expedicns visum fuerit Loco 
tuo in praemissis deputandi et Surrogandi Ac etiam cum potestate 
quoscunque alios officiarios et ministros pro dicto officio et exercitio 
ejusdem indictis provincia nostra Novi Eboraci et territorys eysdem 
dependcntibus in America, Viz: Colonys de Jersey orientali et oeci- 
dentali, provincia Pennsilvania ct Regions Novi castri ac oii:nibus 
Terrarum Tractibus et territorys eisdem dependcntibus et partibus 
maritimis eorundem et eisdem adjacentibus quibuscunque sub Te ne- 
cessarias idoneos et opportunos (Judice Registrario et ii.arrescallo 
exceptis) de Tempore in teinpus nominandi per ficiendi ordinandi 
assignandi facicndi et constitucndi (Salvo semper Jure Suprema Curije 
adniiralitatis nostrae Angliae Nee Non Indicis et Registrary ejusdm 
Curiae, Quibus et eorum altcri in aliquo nolumus dcrogare per prae- 
scntes, Et Salvo Jure cujuscunque Laesi et gravati per aliquam Sentcn- 
tiam Defmitivam, sive decretum Inter Locutorium in Curia vice admi- 
rallitatis provinciae nostrae Novi Eboraci et territoriorum eidem de- 
pendcntium in America, Viz: Coloniarum de Jersey orientali et oeciden- 
tali, provinciae Pennsilvanice et Regionis Novi Castri ac omnium ter- 
rarum tractuum et Territoriorum eisdem dependcntium pra;dict ferendni 
adSupremam Curiam admiralitalis nostrae Angliae predict appelandi) 
Teque praefatum Benjaminum Fletcher armigerum Vice admirallum 
Commissarium ac Deputatum nostrum in Officio Vice admiralitatis in 
provincia nostra Novi Eboraci etteri itorys eidem dependcns in America, 
Viz: Colonys de Jersey orientali et occidental!, provincia Pennsilvaniae 
et RegioneNovi Castri ac omnibus terrarum tractibus et territorys eis- 
dem dependcntibus praedict et partibus maritimis eorundem et eisdem 
adjacentibus quibuscunque; Una cum omnibus et Singulis feodis pro- 
ficinis advantagys, emolumenlis Commoditatibus et pertinentys qui- 
buscunque eidem officio Vice Admiralli Commissar}'- et Deputati in 
dictis provincia nostra Novi Eboraci et Territorys eisdem dependens 
in America, Viz: Colonys do Jersey orientali et oecidentali, provincia 
Pennsilvaniae et Regione Novi Castri ac omnibus terrarum tractibus ac 
territorys eisdem dependcntibus et partibus maritimis eorundem et 
eisdem adjacentibus quibuscunque Juxta ordinationes et statuta Su- 
premae Curiae admirallitatisnostrsDAngliae praedict debitis et spectanti- 
bus Ordinamus proficimus et deputamus per praesentes ad beneplacituni 



PROVINCIAL COUNCIL. 811 

nostrum tantum modo duratur. Proviso tamen semper et subhac 
Lege el conditione Quod si Tu pra^fatus Bcnjaminus Fletcher armiger, 
Nos et Locum Tenentem nostrum suprcmac Curiae admirallitatis 
nostrae Angliae et indicta Curia et officialem principalem ("ommis- 
sariumqiie Generalum et Spccialem ac ejusdem Curiae praessden- 
tem et Indicem de omni eo quod de tempore in tempus vigore 
praesentium feceris, execulus fueris,colligeris autrcciperis in praemis- 
sis vel praemissoram aliquo annuatim, Viz: in fine Cujuslibet anui in- 
ter festa Sancti Michaelis x\rchangeli et Omnium Sanctorum, Cum pie- 
no et fideli Computo Superinde sub authcntica forma conficiendo, ac 
Sigillo officv Nostri in Custodia tua rcnianente Sigillando debite non 
certificavcris et certiorem rcddi feceris cum offertu, Extunc et postde- 
faltam in ea parte, hujusmodi Litera nostrae Patentes de officio Vice 
admiralli prccdict Tibi ut p' fertiri conccssae vacua et irrita erunt nul- 
liusque ro boris aut ofFertus, Mandantes omnibus et Singulis proceri- 
bus Justiciarys majoribus Vice Comitibus Capitiancis Sencscallis Bal- 
livis et Custodibus Goalarum et Carcerum nostrorum quorumcunque 
et Constabularys cacterisque ministris et fidelibus subditis et Ligeis 
nostris quibuscunque et eorum cuilibet lam infra Libertates sen fran- 
cheiss quam extra Quod Tibi et Deputato Tuo cuicunqucalysqucfoffi- 
ciarys ejusdem vice admirallitatis nostrae in provincia nostra Novi 
Eb'iraci et territorvs eidem dcpendenfibus in America, viz: Colonys de 
Jersey oricntali et occidentali, provincia PennsilvaniaeetRegione Novi 
Castri ac o'linibus Terraruni tractibus et territnrys eidem dcpenden- 
tibus prsedict et partibus' inaritimis eorundni el eisdni adjacenlibus 
quibuscunque per Te assignatis sen assignandis circa exocutioneia 
praemissorum et eorum cujuslibet intendentes faventes auxilianles pa- 
rentes pariteret obedientcs sint. in omnibus prout decet subpoena juris 
et periculo incumbcns. DatuTi Londini in Suprema Curia admirallita- 
tis nostrae Angliae sub sigillo ejusdem magno. 
Decinmtcrtio die mensis, 7 Anno Dui Millesimo Sextcntesiino, 

Regnique Nostri Quarto. 3 nonagesimo secundo. 

ORLANDO GEE, Reg. Eius. 



„,,. BSNJA?vIIN FLETCHER, Captain Generall&Gc 

'^fif^'f^ vernour in Chief of th« province of Nevv-yorke, province 
B^Aj0C of pennsilvaniaj Countrey of New Castle & the Territo- 
^^^^.(? ries & Tracts of land Depending thcron, in America, Un- 
^^^x-i.^ der their majesties, Wm. & Mary, by the grace of God, of 
England, Scotland, France & Ireland, King"&; Queon, dcfcndrs of the 
faith, &c.. To William Markham, Esq'.,Lciu' Govern'' of pcnnsilva- 
nia & the Countreys of New Castle, greeting: By vi' tue of the power 
& authoritie granted me by our Soveaii-in Lord & Lady, Wni. & 
Mary, by the grace of GodJ of England, Scotland, franco & Ireland, 
king &" Queen, defendrs of the faith, &c., under the great seal of 
their Ad i.ir;ilty, Constituting &, appointing me Vice Adinirall of the 
province of Newyorke, Colonyes of East v!t West .lersey, province of 
pennsilvania et Countries of New Castle, &c.: And reposing speciall 
trust in yor fidelitie in this behalf, I doe by there presents Constitute 



312 MINUTES OF THE 

& appoint you my deputy or Surrogate in the sd office of vice admi- 
rall, so farr as it is extended over the s"* province of Pennsylvania & 
Countrey of new castle, And doe by these p'nts give & grant unto 
you, the s*^ Wm. Markham, full power and authoritie to doe, execute <fe 
perform all things which I my selfe might LawfuUie doe, by virtue of 
the s^ office of vice admirall, so farr as it is extended over the pro- 
vince of pennsilvania & Countrey of New Castle afors"", according to 
the Severall powers, authorities & directions contained in my Com- 
mission for the s'' office of vice admirall as aforesaid, (which I have 
Caused to be registred in the pi'ovince of pennsilvania,) & such other 
instructions as you shall from time to time receive from mee, undr 
my hand: provided alwayes, that you shall from time to time transmitt 
unto me a true ds exact acco' of all what you shall doe, execute or 
perform, by virtue of these presents. Given undr my hand & seal 
att Philadelphia, the 17'" day of May, in the 5"" year of their maties' 
reign, Annoque domi., 1693. 

BEN. FFLETCHER. 



His Excellency BENJ° FLETCHER, his Commission und' the great 
Seal of England, to be Cap' Generall and Govemo"' in Cheif in and 
over their Maties. Province of Pennsilvania & Countrie of New 
Castle, (fee. 

William and Mary, by the grace of God, King and Queene of Eng- 
land, Scotland, France and Ireland, defenders of the faith, &;c. To 
Our Trusty and well beloved Benjamin ffletcher. Esquire, our Cap- 
taine Generall and Governo' in Chiefe of our province of New Yorke, 
and the Territories depending theron, in America, Greeting : 

Whereas, by Our Commission, under our great Seale of England, 
bearing date the eighteenth day of March, in the fourth yeare of our 
Reigne, Wee have Constituted and appointed you, the said Benjamin 
ffletcher, to be our Captaine Generall and Govemo'' in Chiefe in and 
over our Province of New Yorke, and the dependencies thereon, in 
America: And have thereby granted unto you full power and autho- 
rity, with the advice and Consent of our Councill, as need shall 
require, to Summon and Call Generall Assemblies of the Inhabitants, 
being ffi-eeholders, within our said province, according to the usage 
of our province of New Yorke: And that the persons thereupon duely 
Elected by the major part of the ftreeholders of the respective Coun- 
ties & places, and soe returned, and haveing before theire Sitting 
taken the oathes appointed by act of Parliament to be taken, in Stead 
of the oathes of Allegiance and Supremacy, and Subscribed the Test, 
and without takeing and Subscribing whereof none shall be capable of 
Sitting, the' elected, shall be called and held the Generall Assembly 
of that our said province: And have thereby granted unto you, the 
said Benjamin ffletcher, by and with the Consent of our said Coun- 
cill and Assembly, or the major part of them, full power and au- 
thority to make, constitute and ordaine Lawes, Statutes and or- 
dinances, for the publick peace, welfare, and good government of our 
said province, and of the people and Inhabitants thereof; which said 



PROVINCIAL COUNCIL. 313 

Lawes, Statutes and ordinances, are to be (as neare as may be) agreea- 
ble to the Laws and Statutes of this our kingdome of England: Pro- 
vided, that all such Lawes, Statutes and ordinances be within three 
months, or Sooner, after the making therof, Transmitted unto us, 
under our Scale of New Yorke, for our approbation or disallowance 
of the same ; And in Case any or all of them, being not before Con- 
firmed by us, Shall att anie time be disallowed and not approved, and 
soe Signified by us, our heires & Successors, under our, or their Signe 
manuall or Signett, or by order of our, or their, privy Councill unto 
you, the said Benjamin Ifletcher, or to the Commander in Chiefe of 
our province of New Yorke for the tmie being. Then such &, soe 
many of them as shall be soe disallowed and not approved. Shall 
from thenceforth cease, determine, and become utterly void and of 
none effect. And to the end that nothing may be passed or done by our 
said Councill or Assembly, to the prejudice of us, our heires and 
Successors, AVec have thereby willed & ordained that you, the said 
Benjamin fHctcher, shall have and enjoy a Negative Voice in the 
makeing and passing of all Lawes, Statutes & ordinances, as afore- 
said; And that you shall & may likewise, from time to time, as you 
shall judge it necessary, adjourne, prorogue and Dissolve all General! 
Assemblies, as aforesaid; With full power and authority from time 
to time, by your Self, or by any other to be authorized by you in that 
behalf, to administer and give the Oathes appointed by act of Parlia- 
ment to be taken in stead of the Oaths of allegiance and Supremacy, 
to all and every such person or persons, as you shall thinke fitt, who 
shall att any time or times passe into our said province, or shall be 
resident or abiding there; and with the advice and consent of our 
§aid Councell, to Erect, constitute and establish Courts of Judicature 
and publick Justice within our said province, and for the hearing and 
determining of all Causes, as well Criminall as Civill, according to 
Law and Equitie, and for awarding of Execution thereupon, with 
all reasonable and necessary powers, authorities, fees and privile- 
ges belonging unto them: As also, to appoint and Commission- 
ate fitt persons in the Severall parts of our said province, to ad- 
minister the Oaths appointed by act of parliament to be taken 
instead of the oathes of allegiance and Supremacy, and the Test, unto 
such as shall be obliged to take the same : And also, to Consti- 
tute and appoint Judges, Justices of the peace, and other necessary 
officers and ministers in our said province, for the better administra- 
tion of Justice and putting the Lawes in execution, and to administer, 
or cause to be administerd, such Oath or Oaths as are usually given 
for the due execution and performance of offices and places, and for 
the clearing of Truth in Judiciall Causes. And Whereas, wee judge 
it necessary that all our Subjects may have Liberty to appeale to our 
Royall person in Civill Causes that may deserve the same, Wee have 
thereby further signified our pleasure, that if either party shall not 
rest Satisfied with the judgment or Sentence of the Superior Courts of 
our said province. They may then appeale unto us in Our privy Coun- 
cill, provided the matter in difference exceed the reall value and Sum of 
three hundred pounds Sterling, and that such appeale be made within 

27 



814 MINUTES OP THE 

one ffortnight after sentence, and that security be Likewise duelj given 
by the appellant, to answer such charges as shall be awarded in Case 
the first sentence shall be confirmed: And provided also, that execu- 
tion be not suspended by reason of any such api)cale unto us, And 
where you shall judge any offender or ottenders in Criminall matters, 
or for any tfines or fforfeitures, fitt objects of our mercy, you have full 
power and authority to pardon and remitt such offences, ffines and 
fforfeitures, before or after sentence given, Treason and willfull mur- 
ther onely excepted; In which Cases, upon extraordinary occasions, 
you are to grant I'eprieves to the offenders until! our Royall pleasure 
may be knowne therein. And Whereas, by our said Commission, 
wee have given & granted unto you, the said Benjamin fftetcher, by 
yourself, your Captaines, & Commanders, by you to be authorized, 
full power and authority to Levy, arme, muster. Command and em- 
ploy all persons whatsoever, residing within our said province, under 
your government ; and as occasion shall serve, them to Transferr 
from one place to another, for the resisting and withstanding of all 
enemies, pirates and rebells, both att Sea and Land, and to transport 
such forces to anie of our plantations in America, as occasion shall 
require, for the defence of the same against the invasion or attempts 
of any of our enemies ; And to execute martiall Law in time of in- 
vasion, insurrection or warre, and during the continuanceof the same, 
as also upon Soldiers in pay, and to doe and execute all and every 
other thing and things which to a Captaine Gcnerall Doth or ought of 
right to belong; And also, to erect, raise and build in our said pro- 
vince, such flbrtSjplattforms, Castles, City s, Boroughs, To wnes & fforti- 
fications, as you, by the advice aforesaid, shall judge necessary ; and 
the same, or any of them, to fortify and furnish with Ordnance, Am- 
munition, and all sorts of armes, fitt and necessary for the securify 
and Defence of our said Province: And Whereas, wee have thereby 
further given and granted to you, the said Benjamin fHetcher, fTull 
power and authority to Erect one or more Court or Courts admirall 
within our province of new yorke, for the hearing and determining of 
all Marine and other causes, & matters proper therein to be heard, 
with all reasonable and necessary powers, authorities, ffees and privi- 
leges ; and to exercise all powers belonging to the place &, office of 
Vice admirall of and in all the seas and coasts about our said province, 
according to such Commission, authority and instruciions as you shall 
receive from our selfe, under the seal of our admiralty, or from our 
High admirall, or Commissioners for executing the office of High admi- 
rall of our fibrcigne plantations, for the time being; And to Order and 
appoint ffaires, marts and marketts; as also, such and so manie ports, 
Harbours, Bayes, havens and other places for the Convenience and Se- 
curity of Shipjnng, and for the better Loading and unloading of goods 
& merchandizes, as by you, with the advice and consent of our said 
Councill, shall be thought fitt and necessary; And in them, or anie of 
them, to erect. Nominate and appoint Custome houses and officers re- 
lating thereunto, and them to alter, change, place or displace, from 
time to time, as with the advice aforesaid shall be thought fitt, with 
scverall other powers & authorities granted & appointed you by our 



PROVINCIAL COUNCIL. 315 

said Commission, far the good governing & for the Defence and secu- 
rity of our sd province of New Yorke, and Inhabitants thereof. 

And Whereas, by reason of great Neglects and miscarriages in 
the government of our province of Pennsilvania in America, and the 
absence of the proprietor, the same is fallen into Disorder & confusion 
By meanes whereof not onely the publick peace &, administration of 
Justice (whereby the properties of our subjects should be preserved in 
those parts) is broken and violated. But there is also great want of 
provision tor the Guard &d defence of our said province against our 
enemies, whereby our said province, & the adjacent Colonies, are 
mucli exposed, and in Danger of being Lost from the Crowne of 
England : For the prevention whereof, as much as in us Lies, and 
for the better defence and security of our Subjects Inhabiting those 
parts During this time of warr. Wee find it absolutely necessary to 
take the government of Our province of Pennsylvania into our owne 
hands, and under our Immediate care and protection. Wee therefore, 
reposing especiall Trust and Confidence in the prudence, courap-e and 
Loyalty of you, the said Benjamin llletcher. Have thought fitt to con- 
stitute and appoint you, the said Benjamin ffletcher, to be our Captaine 
Generall and Governor in Chiefe in and over our province of Penn- 
silvania and Countrey of New Castle, and all the tracts of Land de- 
pending thereon in America : And wee doe accordinglie, by these 
presents. Command and require you to take the said province & Coun- 
trey under your government; And for the better Ordering governing 
and ruling our said province & Countrey, and the Tracts and Ter- 
ritories Depending theron. Wee doe hereby give and grant unto you, 
the said Benjamin ffletcher, all & every the Like powers and authori- 
ties as in our said Commission, bearing date the eighteenth day of 
March, in the fourth yeare of our reigne, are given, granted and ap- 
pointed you for the ruleing and governing our province of New Yorke, 
to be exercised in Like manner, by you, the said Benjamin ffletcher, 
in and over our said province of Pennsilvania and Countrey of New 
Castle, and the Territories & tracts of Land depending theron, in 
America : And Wee Doe hereby require and Command you to doe 
and execute all things in due manner, that shall belong unto your said 
Command, and the Trust wee have reposed in you, according to the 
severall powers and directions granted or appointed you by this pre- 
sent Comission, or our Commission aforesaid, and such other In- 
structions & authorities as are, or att anie time hereafter shall be 
granted or appointed you, under our Signett 6i Signe manuall, or by 
our order in our privy Councill, and according to such reasonable 
Lavves and Statutes as now are in force, or hereafter shall be made 
and agreed upon by you, with the advice and consent of the Councill 
and Assembly of our province of Pennsilvania and Countrey of New 
Castle aforesaid : And Our Will and Pleasure is, and wee doQ 
by these presents require and Command you, the said Benjamin 
ffletcher, untiU our further pleasure shall be knowne, to norninateand 
appoint a Leiutenant Governo'' of our said province of Pennsilvania 
and Countrey of New ''astle, unto which Leiutenant Governo' wee 
doe hereby give and grant full power and authoritie to doe and execute 



316 MINUTES OF THE 

whatsoever hce shall be by you authorized and appointed to doe, in 
pursuance and according to tlie powers &; authorities hereby granted 
unto you. And Our Further Will and Pleasure is, and wee 
«loe by these presents, R'equire and Command you in Like manner 
to nominate and appoint such & so many Counccllors as you shall 
thinke requisite for our service, not exceeding the Number of 
Twelve persons att the most, out of the principall ffi euholders & 
inhabitants of our said province and Countrey, which said Coun- 
ccllours, or anie three of them, shall be att all Times held and 
deemed a Councill to be ayding and assisting to you, and to our Leiu- 
t.enant Governo'', with their advice, in the administration of the pub- 
lick ati'aires of that our province and Countrey. And wee Doe hereby 
give and grant unto you full power and authoritic from time to time 
to suspend such our Lciutcnant Governo"", or anie of the members of 
our Councill, soe appointed by you, from their respective places and 
Trusts, if you shall find just Cause for soe doeing, & to appoint others 
in their stead: And Whereas, wee Have been informed of the good 
affection of the Inhabitants of our Colonies of East and West New 
Jersey in America, and that the militia of these Colonies Consist of 
tfourteene hundred men, well armed & disciplined; And it being Con- 
venient in this time of danger, that the forces of our Subjects inhabit- 
ing those parts be united as much as maybe upon all occasions that may 
require the same. Wee have therforc thought fitt, and wee doe by 
these presents grant full power & authority to you, the said Benjamin 
ffletcher, and to the Governo'' & Commander in Chiefc of our province 
of Newyorke, for the time being, for & during this present warr be- 
tween Us and the ffrcnch King, to draw out and Command anie part 
of the militia of our Colonies of East and West New Jersey in Ameri- 
ca, not exceeding Seaven hundred men att anie one time; and to cause 
them to march out of our said Colonies, for the security or defence of 
Newyorke or Albany, or anie other parts or places of our province 
of Newyorke, under your Government, in case of anie Invasion, In- 
surrection, or attempt of the ffrench or Indians upon our said province, 
or anie part thereof. And wee doe hereby require & Command all 
officers and ministers, Civill & Military, and all other the inhabitants 
of Our province of Pennsilvania and Countrey of New Castle, and 
our Colonies of East & west New Jersey, respectively, to be obedient, 
ayding & assisting unto you, tlie said Benjamin ffletcher, in the exe- 
cution of this our Commission, and the powers & authorities herein 
contained. And in Case of your death, or absence outt of our pro- 
vince of Newyorke and pennsilvania, our Countrey of New Castle, 
Hnd our Colonies of East & West New Jersey, To be obedient, ayding 
&c assisting to such person as shall be appointed by us to be Command- 
er in Chiefe of our province of Newyorke for the time being; To 
whom wee doe therfore, by these presents, give & grant, all & singu- 
lar, the powers and authorities aforesaid, to be executed and enjoyed 
by him for and during our pleasure, or untill your arrivall within 
our province and Countreys aforsd. And if upon such death or absence, 
there be no person residing within our said provinces or Countreys, 
Commissionated or appointed by us to be Commander in Chiefe of our 



PROVINCIAL COUNCIL. 317 

province of Newyorke, OUR will & pleasure is, that the then present 
Councill of Newyorke doe lake upon them the administration of the 
Government of ourpi'ovince of Pcnnsilvania and Countrcy of New 
castle, and execute this Commission, and the powers and authorities 
herein contained, in Like manner as in the government of our pro- 
vince of Newyorke. Axd Lastly, wee doe, b)'^ tliese presents, de- 
clare and appoint That you, the said Benjamin ffletcher, shall and 
may hold, exercise and enjoy the office and place of Captainc Gene- 
rail and Governor in Chiefe in and over our province of Pcnnsilva- 
nia and Countrey of New castle, and the Territories and Tracts of 
Land depending theron, in America, during our will and pleasure. 
In Wittnesse vvherof, wee Have Caused our Letters to be made pa- 
tents. WiTTNESSE Our Selves, att Westminster, the One and Twen- 
Heth day of October, in the fourth yeare of our Reigne. 

Per Bre- De privato Sigillo, 

CHUTE. 



His Excellency BENP FLETCHER, his Comission und' the great 
Seal of England, To be Cap' Generall & Governo'' in Chief In and 
over their Maties province of New-york, &c. 
William and Mary, by the Grace of God, King and Queene of 
England, Scotland, tirance and Ireland, defendeis of the faith, &c: 
To OUR Trusty and well beloved Benjamin ffletcher. Esquire, Greet- 
ing. WEE Reposing especiall Trust and Confidence in the prudence, 
Courage & Loyalty of you, the said Benjamin ffletcher, out of our 
especiall Care, Certaine knowledge and meere motion, Have thought 
litt to Constitute & appoint, And we doe by these presents Consti- 
tute and appoint you, the said Benjamin ffletcher. To be our Captain 
"Generall and Governo' in Chiefe in and over our province ofNew- 
yorke, and the Territories depending theron, in America : And Wee 
doe hereby Require and Command you to doe and execute all things 
in due manner that shall belong unto your said Command, and the 
Trust wee have reposed in you, according to the severall powers and 
directions granted or appointed you by this present Commission, and 
the Instructions herewith given you, or by such further powers, in- 
structions and authorities, as Shall att anie time hereafter be granted 
or appointed you, under our Signett and Signe manuall, or by our 
■ irder in our privy Councill, and according to such reasonable Laws 
■md Statutes as now are in force, or hereafter shall be made and agreed 
upon by you, with the advice and Consent of the Councill & Assem- 
bly of our said province, under your government, in such manner and 
forme as is hereafter expressed : And Wee Doe hereby Give and 
Grant full power unto you, the said Benjamin ffletcher, after you have 
first taken an Oath for the due execution of the office and Trust of 
our Captaine Generall and Governo'' in Chiefe, in and over our said 
province of Newyorke & the territories Depending theron, which our 
said Councill, or any five of them, have hereby full power and authority, 
andare reipiircd to administer unto you. To give and administer to each 

27* 



318 MINUTES OF THE 

of the members of our said Couucill, as well the oathes appointed 
by act of parliament to bo taken in stead of the oathes of allegiance 
and ^uprcmacic, as the Test, and the oath for the due execution of 
their places &, Trust; And Wee Doe hereby Give and grant unto 
you full power 6z; author ity to Suspend any of the members of our 
said Councill from Sitting, voting and assisting therein, if you shall 
find just cause for so doeing; And if it shall att anie time happen 
that by the death, departure outt of our said province, or suspension 
of anie of our Councillors, there shall be avacancie in our said Coun- 
cill, Anie three wherof wee doe hereby appoint to be a Quorum, Oun 
Will and Pleasure is, That you Signify the same unto us by the 
first opportunity, that wee may, under our Signett and Signe Manuall, 
Constitute and appoint others in their stead : But that our affairs att 
that distance may not suffer for want of a due number of Councillors, 
if ever it shall happen that these be lesse then Seaven of them, resid- 
intr in our said province, VVee doe hereby give and grant unto you full 
power and authoritie to Choose as manie persons outt of the princi- 
j)all ftreeholders. Inhabitants thcrof, as will make up the full number 
of our said CounciU to bo seaven, and no more; Which persons, by 
Virtue of such Choice, shall be to all Intents and purposes, Councill- 
ors in our said province untill they shall be Confirmed by us, or that 
by the Nomination of others by us, under our Signe Manuall & sig- 
net, the said Councill shall have seaven persons in it. Wee Dok 
Hereby Give And Grant unto you full power &, authoritie, with 
the advice and Consent of our said Councill, from time to time, as 
need shall require, to Summon and Call Generall Assemblies of the 
inhabitants, being ifrceholders, within your government, according 
to the usage of our Colony of Newyorke: AND OUR "V^ILL 
AND PLEASURE IS, that the persons thereupon duely elect- 
fxl by the major part of thcffreeholdersof the respective Countys and 
places, and so returned, and having before their Sitting taken the 
oathes appointed by act of parliament to be taken, instead of theoalhes 
of allegiance and Supremacy, and Subscribed the Test, which you 
shall Commissionatetitt persons under our seal of nev/yorketo adminis- 
ter, & without taking and subscribing whereof, none shall be Capable 
of sitting: the elected Shall be called & held the Generall Assembly of 
that Our province & Territoryes depending theron. And that you, 
the said Benjamin fHetcher, by and with the Consent of Our said 
(3ouncill and assembly, or the major part of them respectively, shall 
have full power & authoritie to make. Constitute and ordainc Lawes, 
Statutes and ordinances for the puhlick peace, wellfare & good go- 
vernment of our said province, and of the people and Inhabitants 
thereof, & sucli others as shall resort therto, and for the benefit of 
us, our Heirs and successors. Which said Lawes, statutes and ordi- 
nances, are to be as neer as may be, agreeable to the Lawes and 
.statutes of this our kingdom.e of England: PROVIDED, that all such 
Lawes, statutes and ordinances, of what nature or duration soever, be 
within three months, or sooner, after the making thereof, transmitted 
unto us. Under our scale of Newyorke, for our approbation or disal- 
lowance of the same, as also duplicates thereof, by the nextConvey- 
iincc5 And in Case anie, or all of them, being not before Confirmed 



PROVINCIAL COUNCIL. 319 

by us, shall att anie time bo Disallowed and not approved, and so signi- 
tied by us, our heirs and successors, under our or their signc manuall 
and signet, or by order of our or their privy Councill, unto you, the 
said Benjamin ffletcher, or to the Commander in Chiefe of our said 
province for the time being, then such and so many of them as shall 
be so disallowed and not approved, shall from thenceforth Cease, de- 
termin,and become utterly voyd and of none etFect; Any thing to the 
Contrary thereof notwithstanding. 

AND to the end nothing may ^e passed or done by our said 
Councill or assembly to the prejudice of us, our heirs and successors, 
WEE will and ordain. That you, the said Benjamin ffletcher, shall 
have and enjoy a negative voyce in the making and passing of all 
Lawes, statutes and ordinances, as aforesaid, and that you shall & 
may, Likewise, from time to time, as you shall Judge it necessary, ad- 
journe, prorogue & Dissolve all generall assemblies as aforesaid. Our 
Will and Pleasure is, that you shall and may keepe and use the 
I)ublick seale appointed or to be appointed by us for our province of 
Nevvyorke: Wee doe further give and grant unto you, the said 
Benjamin ffletcher, full power and authority, from time to time, and 
att any time hereafter, by yourselfe orbv anie other to be authorized 
by you, in that behalfe, to administer & give the oathes appointed by 
act of parliament to be taken in stead of the oathes of allegiance and 
supremacie, to all and every such person or persons as you shall think 
iitt, who shall att anie time or times passe into our said province, or 
shall be resident or abideing there. AND WEE DOE by these pre- 
sents. Give and grant unto you full power & authoritie, with the advice 
and consent of our said Councill, to erect, constitute and establish such 
and so manie Courts of Judicature and publick justice within our said 
province and the Territories under your government, as you & they 
shall think fitt & nccessarie for the hearing and determining of all 
causes, as well Criminall as Civill, according to Law and cquitie. And 
for awarding of execution therupon, with all reasonable and nccessa- 
rie powers, authorities, ffces and privileges belonging unto them: As 
also to appoint and Commissionate fitt persons in the severall parts of 
your Government to administer the oathes appointed by act of parlia- 
ment to be taken instead of the oaths of allegiance and supremacy, 
and the Test, unto such as shall be obliged to take the same. AND 
WEE DOE hereby authorize and Impower you to Constitute and ap- 
point Judges, Justices of the peace, and other necessarie officers and 
ministers in our said province, for the better administration of Justice, 
and putting the Laws in execution. And to administer, or Cause to be 
administred, Such Oath or oathes as are usually given for the due exe- 
cution and performance of offices and places, and for the clearing of 
Truth in Judiciall causes: WEE DOE further by these presents, will 
and require that appealls be permitted to be made in Cases of error, 
from our Courts in Newyorke unto our Governo'', and to our Councill 
in Civill Causes; provided the value appealed for doe exceed the sum 
of One hundred pounds sterling; and that security be first duely 
given by the appellant, to answer such Charges as shall be awarded 
in Case the first sentence shall be afTirmcd. AND WHEREAS, weo 
doe Judge itt necessary that all our subjects may Have Libertie to 



»20 MINUTES OF THE 

appeale to Our Royall person in Cases that may deserve the same. 
Our Will and pleasure is, that if either party shall not rest satis- 
fied with the Judgment or sentence of Our Govcrno' and Councill, 
They may then appeale unto Us in Our privy Councill, provided the 
matter in ditlerance exceed the reall value & sum of tlu-ee hundred 
pounds sterling; And that such appeale be made within one ttbrtnight 
after sentence, and that security be likewise duely given by the appel- 
lant, to answer such Charges as shall be awarded, in Case the sentence 
of the Governo'' and Councill be Confirmed: And provided also, that 
execuon be not suspended by reason of anie such appeale unto us. 
AND WEE DOE hereby give and grant unto you full power and au- 
thority, where you shall Judge any oliender or otfenders in Criminall 
matters, or for anie tfyncsor ftbrfeitures, fitt objects of our mercy. To 
pardon and remitt all such offenders' fly nes and flbrfeitures, before or 
after sentence given. Treason and willfull murther only excepted ; In 
which Cases you shall Likewise have power, upon extraordinary oc- 
casions, to grant Reprieves unfo the oilenders untill our Royall plea- 
sure may be knowne theivin. WEE DOE by these presents, authorize 
and Impower you to Collate any person or persons, in anie Churches, 
Chappells, or other Ecclesiasticall Benefices within our said province 
and Territory aforesaid, as often as anie of them shall happen to be 
voyd. WEE DOE Hereby give and grant unto you, the said Benja- 
min ffletcher, by yourselfo, your Captaines and Commanders by you 
to be authorized, full power and authoritic To Levy, Armc, muster, 
Command and employ all persons whatsoever, residing within our sd 
province of Newyorke, and other the Territories under your govern- 
ment, and as occasion shall Serve, them to Transferr from one place 
to another, for the resisting and withstanding of all enemies, py- 
ratts, and rebells, both att sea and att land, and to Transport 
such force to anie of our plantations in America, as occasion shall 
require, for the defence of the same against the invasion or at- 
tempts of anie of our enemies; and them, if occasion shall require, 
to prosecute, in or ouft of the Limmilts of our said province and 
plantations, or anie of them ; and if it shall so please God, them 
to vanquish, apprehend and take, and being taken, either, according 
to the Law of amies, to i)utt to death, or keepe and preserve alive, 
att your discretion ; and to execute martiall Law in time of invasion, 
insurrection or warr, and during the continuance of the same, as also 
upon Souldiers in pay, and to doe and execute all and every other 
thing or things which to a Captain Generall doth or ought of right 
to belong, as fullie and amplie as anie our Captain Generall doth or 
hath usually done. AND WEE DOE hereby give and Grant unto 
you full power and authoritie to erect, raise and build in our said pro- 
vince & Territories dej)ending theron, such and so manie ftbrts, 
platformes. Castles, Cities, Boroughe^, Townes and fibrtifications, as 
you, by the advice aforesaid, shall judge necessary ; And the same, 
or anie of them, to ffortify and furnish with Ordnance, ammunition, 
and all sorts of armes, fitt & necessary for the securilie and defence 
of our said province : AND WEE DOE hereby Give and Grant 
unto you, the said Benjamin flletchcr, full power and authoritie t© 



PROVINCIAL COUNCIL. 321 

Erect one or more Court or Courts Admirall within our said province 
and Territories, for the Hearing and determining of all marine and 
other Causes, and matters proper therin to be heard, with all reasona- 
ble and necessarie powers, authorities, flees and priviledges ; As also 
to exercise all powers belonging to the place and office of Vice admi- 
rall of and in all the seas & Coasts about you Government, according 
to such Commission, authorities 6c Instructions as you shall receive 
I'rom our Selfe, under the seal of our admiralty, or from our High 
admirall or Commissioners, for executing the office of High admirall 
of our forreigne plantations fbr the time being. AND FOR AS 
MUCH as divers mutinyes and disorders doe happen by persons ship- 
ped and employed att sea. And to the end that such as shall be Ship- 
ped or employed att sea may be the better governed and ordered, 
Wee Doe Hereby Give and grant unto you, the said Benjamin 
ffletcher, our Captaine Genei-all and Governo'' in Cheife, full power & 
authoritie to Constitute and appoint Captains, masters of Shipps, and 
other Commanders, and to Grant to such Captains, masters of Shipps 
and other Commanders, Commissions to execute the Law martiall, and 
to use such proceedings, authorities, punishment. Correction and exe- 
cution, upon anie offender or offenders which shall be mutinous, sedi- 
tious, disorderlie, or anie way unruly, either att sea or During the 
time of their abode or residence in anie of the ports, harbours or Bays 
of our said province or Territories, as the Cause shall be found to re- 
quire, according to the martiall Law: Provided, that nothing herein 
contained shall be Construed to the enabling jou, or anie by your 
authority, to hold plea, or have jurisdiction of anie offence, cause, 
matter or thing Committed or done upon the High sea, or within anie 
of the Havens, Rivers or Creeks of our sd province or Territories 
under your government, by anie Captaine, Commander, Leiutenant, 
master, or other officer, Seaman, Soldier, or person whatsoever, who 
shall be in actuall Service and pay in and on Board anie of our shipps 
of vvarr, or other vessels acting by Immediate Commission or warrant 
from our Commissioners, for executing the office of our High admi- 
rall of England, under the scale of our Admiralty, or from our High 
admirall of England for the time being: And that such Captaine, 
Comander, Leiutenant, master, officer, Seaman, Soldier, and other 
persons so offending, shall be left to be proceeded against and tryed, 
as the merittof their offences shall require, either by Comission under 
our great scale of England, as the Statute of the eight & twentieth of 
Henry the eighth directs. Or by Comission from our said High admirall, 
according to the act of parliament passed in the Thirteenth yeare of 
the Reign of the Late king Charles the second. Entitled an act for 
the establishing articles <fc orders for the regulating & better Govern- 
ment of his majesties navyes, shipps of warr, & forces by sea, and not 
otherwise; saving onely, that it shall & may be Lawfull for you, upon 
anie such Captaine or Commander refusing or neglecting to execute, 
or upon his negligent or undue execuon of anie of th(5 written orders 
hee shall receive from you, for our service and the service of our sd 
province, to suspend him, the said Captaine or Commander, from the 
exercise of his said office of Commander, and Committ him into Safe 



322 MINUTES OF THE 

Custody, either on board his ownc Shipp or elsewhere, att the discre- 
tion of you, in order to his being brought to answer for the same, by 
Comission, under our great scale of England, or from our High Admi- 
rall, as is before expressed ; In which Case, our will and pleasure is, 
that the Captaine or Commander so by you suspended, shall. During 
such his suspension and Committment, be suceeded in his sdofhce by 
such Comission or warrant officer of our said shipp, appointed by 
our Commissioners for exeraiting the office of our High admirall 
of England, or by our High admirall of England for the time being, 
as by the knowne practice and discipline of our Navy does and ought 
next to succeed him, as in Case of death, sicknesse,or other ordinary 
disabilitie happening to the Commander of anie of our shipps of 
warr, and not otherwise; you standing also accountable to us for the 
Truth and Importance of the Crimes and misdemeanors for which 
you shall so proceed to the suspending of such our said Captain or 
Commander : Provided Also, that all such disorders and misdemea- 
nors Committed on shoareby anie Captaine, Comander, Leiutenant, 
master, or other officer, seaman, souldier, or person whatsoever, be- 
longing to anie of our shipps of warr or other vessell, acting by Im- 
mediate Commission or warrant from our Commissioners, for executing 
the office of our High admirall of England, under the Scale of our 
Admiralty, or from our High Admirall of England, for the time be- 
ing, may be tryed and punished according to the Lawes of the place 
where anie such disorders, offences and misdemeanors shall be so 
Committed on shoare, notwithstanding such oflender be in our actuall 
service, and borne in our pay, on Board anie such our shipp of warr, 
or other vessell, acting by Immediate Commission or warrantt from 
our Commissioners, for executing the office of our High admirall, or 
from our High admirall as aforesaid ; so as hee shall not receive any 
protection for the avoyding of Justice for such offences Committed on 
shoare, from anie pretence of his being employed in Our Service att 
sea. AND OUR WILL AND PLEASURE IS, That all publick 
moneys raised, or to be raised, within our said province and other the 
territories under your Government, be Issued out by warrant from you, 
by and with the advice and Consent of the Councill, and disposed of 
by you for the Support of the Government, and not otherwise. AND 
WEE DOE hereby Likewise Give and Grant unto you full power 
and authoritie, by and with the advice and Consent of our said Coun- 
cill, to agree with the inhabitants of our province and Territories 
aforesaid, for such Lands, Tenements and Hei'editaments as now are, or 
hereafter shall be in our power to dispose of, And them to grant unto 
anie person orpersons, for such Terme, and under such moderateQuitt 
rents, services and acknowledgments, to be therupon reserved unto 
us, as you, by and with the advice aforesaid, shall think fitt. Which 
said grants are to passe and be sealed by our scale of Newyorke,and be- 
ing entred upon Record by such officer or officers as you shall appoint 
thereunto, shall be good and efFectuall in Law, ag' us, our Heirs and 
successors. AND WEE DOE Hereby Give you full power to order 
and appoint fTaires, marts &marketts, as also such and so many ports, 
Harbours, Bays, Havens, and other places for the Convenience of 



PROVINCIAL COUNCIL. 323 

shipping, and for the better Loading and Unloading of goods and 
merchandizes as by you, with the advice and Consent of the said Coun- 
cill, shall be thought titt and necessarie, and in them,or anie of them, to 
Erect, nominate and appoint Custome Houses, warehouses, and Officers 
relating thereunto; and them to alter, Change, place or displace, from 
time to time, as with the advice aforesaid shall be thought fitt ; AND 
WEE DOE by these presents will, require and Command you to take 
all possible care for the discountenance of vice, and encouragement of 
virtue and good Living, that by such examples the Infidells may be 
invited and desired to partake of the Christion Religion. AND OUR 
FURTHER WILL Ax\D PLEASURE IS, that you shall not att 
anie time hereafter, by Colour of any power or authority hereby 
granted, or mentioned to be granted, take upon you to Give, grant or 
dispose of anie officer or place within our sd province and Territories 
which now are, or shall be granted under the great seal of England, 
any further then that you may upon the Vacancy of any such office, 
or suspension of any officer by you, putt in any person to officiate in 
the intcrvall untill the said place be disposed of by us under the 
great Seal of England, or that our directions be otherwise given 
therein. AND VV EE DOE Hereby require and Command all offi- 
cers and ministers, Civill and military, and all other Inhabitants of 
our said province and the Territories depending theron, to be obe- 
dient, ayding and assisting unto you, the said Benjamin ffletcher, in 
the execution of this Our Commission, and of the powers and authori- 
ties therein contained: And in Case of your death, or absence outt of 
our said province and Territories under your government. Unto such 
person as shall be appointed by us to be Commander in Chiefe of our 
said province. To whom wee doe therfore, by these presents, give and 
grant all and singular, the powers and authorities aforesaid, to be exe- 
cuted and enjoyed by him during our pleasure, or untill your arrival! 
within our said province and Territories: AND if upon such death or 
absence, there be noe person upon the place Commissionated or ap- 
pointed by us to be Commander in Chiefe, Our Will and pleasure 
IS, that the then present Councill of our said province, doe take upon 
them the administration of the government, & execute this Commis- 
sion, and the severall powers & authorities herein Contained, relating 
to our said province, and that the first Councillor who shall be att the 
Time of your death or absence, residing within the same, doe preside 
in our said Councill, with such powers and preheniinences as anie 
former president hath used and enjoyed within our said province, or 
anie other our plantations in America, untill our pleasure be further 
knowne, or your arrivall, as aforesaid. AND LASTLY, wee doe 
Hereby declare, ordain and appoint. That you, the said Benjamin 
ffietcher, shall and may Hold, execute and enjoy the office and place 
of Captaine Generall and Governo'' in Chiefe, in and over our province 
of Ncwyorke and the Ten-itories depending thereon, together with all 
& Singular, the powers and authorityes hereby Granted unto you, for 
and durmg our will and pleasure. 

IN WITTNESSE WHEREOF, wee have Caused these our Letters 



324 MINUTES OF THE 

to be made patents. WITNESSE Our selves att Westminster, 
the eighteenth day of March, in the fourth yearc of our Reigne. 

per Breve de private Sigillo. 
CHUTE. 



PENNSILVANIA, SS. 

Minutes and Orders of Councill, from the arrivall of his Excel- 
lency, BENJAMIN FFLETCHER, Captain Gencrall and Governo' 
in Chiefe of the province of Newyorke, province of Pennsilvania and 
Countrcy of New castle. And the Territories and Tracts of Land de- 
pending theron, in America. In Philadelphia the 26"" of Aprill, in 
the fifth year of the Reign of our Soveraign Lord & Lady, WIL- 
LIAM & MARY, by the Grace of God, of England, Scotland, 
ffrance and Ireland, king &, Queen, defenders of the faith, &c. 



[26* Aprill, 1693. 

Wednesday, Att Philadelphia, the 26'" of Aprill, 1693. 

His Excellency arrived here betvv^een the Hours of eleven and 
twelve in the forenoone, and being Conducted by the Sheriffe to the 
mercate place. Caused their Majesties' Letters patents for the Go- 
vernment of pennsilvania and New Castle, to be publicly read. 

His Excell. having sent for Thomas Lloyd, the Late Deputy Go- 
verno', did offer unto him the first place in the Councill, which he 
did refuse. 



2 A CLOCK, AFTERNOONE. 
William Markham, Esq\ took the Oaths appointed by act of par- 
liament to be taken in stead of the oaths of allegiance and Suprema- 
cy, & Test, and afterwards the oath of a Councillor for the said pro- 
vince and Councill, and by his Excell. direction, took the first place 
in the Councill. 

Andrew Robeson and Robert Turner did subscribe the Test, the de- 
claration of fidelitie, and profession of the Christian faith, and after- 
wards did promise to performe the Substance contained in the oath of 
a Councillor, as in the presence of God, and by his Excell. appoint- 
ment, took their places att the Councill board. 



PROVINCIAL COUNCIL. 325 

Patrick Robinson took the Oaths & Test, and oath of a Councillor, 
and his place att the Councill board, by his Excell. direction. 



Att a Councill Held att Philadelphia on a Wednesday the 26* of 
Aprill, 1693. 

PRESENT : 

His Excell. BENJAMIN FFLETCHER, &c. 

Wm. Markham, ? p rs Robert Turner, ? g « 

Andrew Robeson, ^ ^ * Patrick Robinson, 5 " ' 

His Excell. did desire that the members of Councill would resolve 
into a Committee, to Consider of persons within the province of penn- 
silvania & Countrey of New Castle, that are qualified to be Judges, 
Justices of the peace, sheritfes, and other officers, throughout the 
Severall Counties ,• which was ordered accordingly. 

John White, Sheriffe, being demanded what prisoners hee held, did 
deliver a warrant by which hee held peter Boss in the Common goale, 
for making an Escape & not paying a fine of six pounds, including 
Costs; which was read. 

His Excell. did Order That the members of Councill be in the 
Commission of the peace throughout the whole province and Countrey. 

Adjourned till 8 a Clock the morrow morning. 



[27* Aprill, 1693. 

Att a Councill held att Philadelphia on a Thursday the 37* of 
April, 1693. 

PRESENT : 

His Excell. BENJAMIN FFLETCHER, &c. 

Wm. Markham, ") t nil 

I J D u ( r^ « Lawrence Lock, f c, „ 

Andrew Robeson, J. Esq". itt-h- o i vEsq". 

Ti , . rr. r William Salway, f ^ 

Robert Turner, J •'J 

Lawrence Cock being Called to this Board, Had the oaths and 
Test, and Oath of a Councillor administered to him, and took his 
place att the board. 

William Salway did Subscribe the declarations &c profession of 
the Christian faith, and did promise to observe the substance of the 
oath of a Councillor, and by his Excell. order, took his place at the 
board. 

His Excell. did nominate William Markham, Esq'., to be Leiuten- 
ant Governo'', which was approved of by the whole Councill, who 
did return his Excell. thanks for that hee did appoint a Gentleman 
to be their Leiu' Governor, of their particular knowledge and good 
affections. 

The Councill did Return unto his Excell. a List of officers names 

38 



326 MINUTES OF THE 

whom they Judged qualified for Civill offices in the government, which 
was read & approved of, 

His Excell. did Lay before the Councill That their matjes affairs 
did call him Speedily to the fronteers, in the province of Newyorke, 
The necessitie of calling an Assembly, and of their early meeting, 
Desiring their advice. The Councill doe advise his Excell. that the 
Least time can be allowed for their coming together is Sixteen or 
eighteen dayes. 

His Excell. did also desire their advice and opinion Concerning the 
number of Representatives to be returned from each County : Which 
was variouslie given. 

It being the former Custome of this province to have nine represen- 
tatives for each County, diti'erent from the Custome of their maties 
province of Newyorke, where there are Two for each County, 

Some 'did alledge that upon this suddain alteration, sundtie were 
therby disobliged, and a small number of Assemblymen might act 
with Lesse Courage for their maties service. Others doe advise his Ex- 
cell, to Consult their maties Letters patents, and his Instructions for the 
government. 

The Resolution therof is deferred till further advisement. 

Upon the Reading the petition of peter Boss, the same is referred 
To Andrew Robeson, Robert Turner, and Lawrence Cock, Esq", to 
examine the petitioner's allegations, and make report therof to his 
Excell. 

Adjourned to 3 a Clock afternoone. 



POST MERIDIEM. 

Att a Councill Held att Philadelphia 27'" Aprill, 1693, 3 a Clock 
afternoone. 

pkesent: 

His. Excell. BENJAMIN FFLETCHER, &c. 

WiLLiAJi Markham, Esq^, Leiu' Governo'. 

Andrew Robeson, 7 p i, Patrick Robinson, ?p „ 

Robert Turner, 5 ' Lawrence Cock, ) ^ " ' 

His Excell. did again Require the advice of this board concerning 
the number of Representatives to be returned for each Countie. 

Resolved, That writts Issue, returnable the fifteenth of May next, 
and that foure Representatives be returned for the County of Phila- 
delphia, foure for New Castle, and three for each of the other Coun- 
ties. 

Upon reading the petition of William Bradford, printer, directed to 
his Excell., wherin hoc setts forth that in September Last his tooles 
and Letters were Seized by order of the Late Rulers, for printing 
some books of Controversie, and are still kecpt from him, to the great 



PROVINCIAL COUNCIL. 327 

hurt of his family, and prays Reliefe. His Excell. did ask the advice 
of this board. 

The Severall members of Councill being well acquainted with the 
truth of the petitioner's allegatons, are of opinion, and doe advise his 
Excell. To Cause the petitioner's tooles and Letters to be restored to 
him. 

Ordered That John White, Sherritle of Philadelphia, doe Restore to 
Wm. Bradford, printer, liis tooles and Letters, taken from him in Sep- 
tember Last. 

Upon Reading an Order of the Late Govemo'' & Councill, Concern- 
ing Jeremiah Elfrcth, Thomas Groves and Thomas East, upon the 
Complaint of George Heathcote, 

His Excell. did Order the Councill to Resolve themselves into a 
Committee, to examine and draw up their opinion of the matter ther- 
of, and to make returne therof, under their Hands. 

Wm. Markham, Esq^ having received his taking of the Oath and 
Test, with the oath of Liev' Governo', did receive his Commission 
from his Excellency. 

His Excell. did move that there be a Certain day of the weeke ap- 
poynted for a weekly Councill Day for the publick affairs of the Go- 
Ternment. 

Agreed, That Tuesday is most Convenient for the weekly Councill 
day. 



[26'" Aprill, 1693. 

Att a Councill Held att Philadelphia on Fryday the 28* Aprill, 1G93. 
present: 
His Excell. BENJAMIN FFLETCHER, &c. 
William Markham, Esq'., Leiv' Governo^ 

Andrew Robeson, ? p r, Patrick Robinson, ? p r, 

Robert Turner, 5 * Lawrence Cock, ^ ^ 

Pursueant to his Excell, Order yesterday, The Councill did return 
under their hands, their opinion of the order of the Late deputy Go- 
vemo' and Councill of the 20"" of September, 1692, That it is unjust 
and Illegall. 

Upon reading of the petition of Jeremiah Elfreth, Thomas Groves, 
& Thomas East, under Confinement by the said order of the Late 
deputy Governo'' & Councill, 

Ordered the said three petitioners be discharged; and the said Jere- 
miah Elfreth, Thomas Groves and Thomas East, are hereby dis- 
charged from any bond or recognizance taken from them by virtue of 
the said order, with their suretyes. 

Upon reading the petition of dirck Johnson, al' Clauson, setting 
fortli that hee, with his wife and Sister, stand Committed in Clpas 



328 MINUTES OF THE 

prison, upon suspition of murder, where he hath continued twelve 
months, without the benefit of being brought to tryall. 

Ordered that a Commission of Oyer and Terminer doe forthwith 
issue for the Tryall of the petitioners. 

His Excell. Caused the petition of philip England to be read, wherin 
the petitioner setts forth that by the proprietarie's appointment hee is 
keeper of the ferry and Ordinarie att the Skuillkill, together with his 
warranttand License, under Hand and Seal of Wm. penn, Esq'., for 
soe doing. 

His Excell. did Signifie unto this board, That for as much as the 
ferry was the propertie of the proprietary, hee would grant unto the 
petitioner his Confirman and License for the keeping of the same, and 
discharge all others; from Transporting anie persons over the Skuill- 
kill, neer the said ferry, for monie or reward, Untill the proprieta- 
rie's pleasure be knowen, which was approved, and some of the 
Councill, on behalfe of the proprietary, did return his Excell. thanks. 

Joseph Wood, Esq'., Sherriffe of Chester, and John Hill, Esq'., 
Sherrifle of Sussex, had the oaths and Test, with the oath of a Sher- 
riffe, administred unto them. 



[29«'Aprill, 1693. 

Att a Councill Held att Philadelphia on Saturuday the 29* of Aprill, 
1693. 

PRESENT : 

His Excell. BENJAMIN FFLETCHER, &c. 
William Maekham, Esq'., Leiv' Governo'. 

Andrew Robeson, ? g r, Lawrence Cock, ) ^ 

Robert Turner, 5 ^^ ' William Salway, 5 ^ 

John Claypoole, Esq'., Sherriffe of Philadelphia, and Israeli Tay- 
lor, Sherriffe of Bucks, Had the oaths and Test, and oath of a Sher- 
riffe, administred unto them. 



[1" May, 1693. 

Att a Councill Held att Philadelphia on Moonday the T'of May, 
1693, att 5 a Clock in the morning. 

PRESENT : 

His Excell. BENJAMIN FFLETCHER, Esq'. 

William Markham, Esq'., Leiv' Governo'. 

Andrew Robeson, ) ^ „ Patrick Robinson, 7 -g^ „^ 

Robert Turner, ^ ^ ' Lawrence Cock, 5 

His Excell. did Signifie to the Councill that hee was to goe this 



PROVINCIAL COUNCIL. 329 

morning to New Castle, to publish their Maties' Letters patents ; That 
hee thought it Convenient to Leave them here for the preservation of 
the peace; That hce hath appointed them Justices of the peace through- 
out the whole province, and therfore called them together to adminis- 
ter to them the oath of Justice of the peace. Leaving strict charge 
with them to maintain the peace here during his absence. 

The Leiv' Governo'' and Severall members of Council!, in different 
manner, had the oath of a Justice of peace administred to them. 



[Att Newcastle, T' May, 1693. 

Att New Castle the first day of May, 1693. 

His Excell. being attended by the Leiv' Governo', and militia in 
arms, att 12 a Clock went to the Townehouse and there published 
their Maties' Letters patents, which was followed with fireing of guns, 
great Shouting and joy. 



AttaCouncill Held att New Castle on Tuesday the 2"' of May, 
1693. 



Esq''. 



His Excell. BENJAMIN FFLETCHER, ,SiC. 
William Markham, Esq^ Leiv' Governo^ 

John Cann, 
Wm. Clark, 

John Cann, Esq', took the oath and Test, and oath of a Councillor, 
and by his Excell. direction, his place att this board. 

William Clarke, Esq'., did Subscribe the Severall declarations pro- 
vided for non Conformists by act of parliament, and did Solemlie 
promise to obsei've &; fullfill the Substance of the oath of a privie 
Councillor, and was ordered by his Excell. to take place att the 
board. 



POST MERID. 

2 a Clock afternoonc, presentibus lisdcm. 

John Cann, Esq'., and Wm. Clarke, Esq'., had the oath of a Justice 
of the peace for the whole province and Countrey administred unto 
them in different manner, as formerly. 

Peter Alrichs, John Donaldson, Richard HallwcU, & John Grubb, 
had the oaths & Test, and oath of a Justice of the peace for the Coun- 
ty of New Castle, administred unto them. 

28* 



330 MINUTES OF THE 

Edward Blcake did Subscribe the (declarations, and promised 
Solcnnnly to perform the office of a Justice of the peace for the Coun- 
ty of New Castle. 

Luke Watson, for the Countieof Sussex, had the oaths and Test, 
and oath of a Justice of the peace administred unto him. 



[3^ May, 1693. 

Att a Councill Held att New Castle on Wednesday the 3'* of May, 
1693, in the morning. 

present: 
His Excell. BENJAMIN FFLETCHER, &c. 
William Markham, Esq"^., Leiv' Gove^no^ 

John Cann, ) ^ 
Wm. Clark, 5^^^ * 

Edward Lillington, Esq'., Sherrifie of New Castle, James Clay- 
poole, Clark, & Peter Reverdie, Coroner, Had the Oaths and Test, 
with the oaths of their respective offices in the said Countie, adminis- 
tred unto them. 

His Excell. did Spend the rest of the forenoone in finding the most 
convenient place att New Castle to build a fort, to Command the 
channell of the river delaware before New castle: in the afteinoone 
did return to Philadelphia. 



[5'" May, 1693. 

Atta Councill Held att Philadelphia, on Friday the 5'" of May,1693. 



ison,"^ T nil 

/ -n ra Lawrence Lock, / ^^ r. 

r, J^Esq". MtT a ^ V Esq". 

f ^ Wm. Salway, C ^ 



PRESENT 

His Excell. BENJAMIN FFLETCHER, &c. 

Andrew Robeson, 

Robert Turner, 

Pat. Robinson, 

His Excel!. Caused to be read an address of seaven persons (to him) 
Late of M'. Lloyd's Councill, viz: Joseph Growdon, John Bristow, John 
delavall, John Simcocke, Hugh Roberts, Samuell Lewis and Richard 
Hough. The direction is to Benjamin ffletcher, Esq^, Captain Gene- 
rail & Governo'' in Chiele, <fec., without naming his Excell. of the 
province of pcnnsilvania & Countrey of New Castle, wherein they 
call themselves the delegates and members of the provinciall Council], 
in bohalfe of the freemen of the province, and desire that no other 
method may be used for the Calling together their Legislative power 
then the received Lav/s of this province doe prescribe. 

His Excell. asks the advice of this board concerning the same. 
It is the opinion of this board, That the address being gencrall, It 



PROVINCIAL COUNCIL. 331 

cannot be Consistent with the powers granted his Rxcell. by their 
majesties Letters patents, to have anie regard to, or answer it. 

Samuell Jennings, a former Justice of the peace, being sent for, His 
Excell. did offer to continue him in the same station, which hee did 
refuse. 

Arthur Cooke, in Like manner did refuse. Robert Ewer, in Like 
manner did refuse, 

William Sal way. Esq''-, did Solemnlie promise to execute the of- 
fice of Justice of the peace throughout the whole province and Coun- 
trey. 



[6* May, 1693. 

Att a Councill Held att Philadelphia on Saturuday the 6* of May, 
1693. 

tresent: 

His Excell. BENJAMIN FFLTCHER, &c. 

Andrew Robeson,^ t <^ i ^ 

r> II rp t T7 ™ Lawrence Cock, ,-« r, 

Rob' Turner, ^Esq". Wm. Salway. >^''l' 

rat. Kobmson, J J 

Samuell Carpenter being offered the office of Justice of the peace, 
Refused. 

Griffith Owen, a former Justice, in Like manner did refuse. 

Anthony Morris did Subscribe the declarations, and Solemnlie pro- 
mise to execute the office of a Justice ot peace in the Countie of Phila- 
delphia. 

Joseph Wilcox and Joseph Fisher did refuse the office of a Justice 
of peace. 

Jacob Hall and Andrew Bankson took the oaths <fc Test, and oath 
of Justice of the peace for the Gountie of Philadelphia. 

Francis Rawle did Subscribe the declaration and solemnlie promise 
to execute the office of Justice of the peace in the Countie of Phila- 
delphia. 

Francis Daniell pastorius did subscribe the declaran and Solemnhe 
promise to execute the office of a Justice of peace in Philadelphia. 

Some of the Councill giving Information That William Hudson did 
utter words in contempt of a proclamation Issued by his Excell. to 
prohibit Sabbath breaking, drunkenness. Idleness, Unlawfull gaming, 
and all manner of prophanesse. 

Ordered Andrew Robeson, Esq', doe call the evidences before him, 
take the sum of their evidence ag' Hudson in writting, and returne it 
to this board. 



332 MINUTES OF THE 



[8'" May, 1693. 

Att a Councill Held att Philadelphia on Moonday The S"" of May, 



beson, 1 Lawrence Cock, "] 

1-, I Esq". VVm. Salway, I Esq" 

ion, J Wm. Clarke, J 



1693 

present: 

His Excell. BENJAMIN FFLETCHER, &c. 

Andrew Robeson,") Lawrence Cock,' 

Rob' Turner, 
Pat. Robinson, 

Andrew Robeson, Esq"", made Return, That he had examined the 
Evidences ag' Wm. Hudson, and found no positive Materiall Evidence 
ag' him, &c that he did deny the words. 

Humphrey Murrey, a former Justice of the peace, did refuse to be 
continued. 

Nehemiah Field had the oaths & Test, with the oath of Clarke of 
the Countie of Sussex, administred unto him. 



[10* May, 1693. 

Att a Councill Held att Philadelphia On Wednesday the 10"" of 
May, 1693. 

present: 

His Excell. BENJAMIN FFLETCHER, &c. 
Wm. Markham, Esq^, Leiv' Governo\ 

Andrew Robeson, I Lawrence Cock, \p ., 

Rob' Turner, Usq^ William Clarke, f"^^^ ' 

Pat. Robuison, J J 

Humphrey Waterman had the Oaths and Test, and oath of a Jus- 
tice of the peace for the Countie of Philadelphia, administred unto 
him. 

His Excell. did propose the necessitie of building a fort in some 
Convenient place upon the River Delaware, to Command the Channell 
for the Securitie and defence of trade and the Inhabitants : Which 
was putt to the vote and Caryed in the affirmative. 



POST MERID. 
Afternoone, The 10'" of May, 1693. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 
William Markham, Esq'., Leiv' Govcrno'. 

Andrew Robeson, ^ gg n Wm. Clarke, } -^ „ 

Lawrence Code, 5 ^" Rob' Turner, 5 

Some Indians from the upper part of the River being come to towne 



PROVINCIAL COUNCIL. 333 

to pay their respects to his Excell., His Excell. sent for them & gave 
them audience. 

Lawrence Cock, Esq'., their Interpreter. 

Their Speaker laid a belt of Wampum att his Excell. feet, Saying: 
this Belt of wampum Came to us from the Indians of Virginia and 
Maryland, for a token of peace between them and us, and now wee 
lay it before your Excell., in token that wee desire peace with all the 
Indians that belong to anie English plantations in America: And de- 
sire your Excell. to persuade the Senecas from doing them anie harme 
in their hunting, (as was done to some of them Last Summer,) that 
they may hunt in safety. 

His Excell. did answer: That he was shortlie to Return to New- 
yorke ; That their majesties have made him Governo'' of Pennsilvania 
and New Castle, & putt all the forces of East & West Jersey under 
his Command, and hee was come here to publish it, But so soone as 
hee shall returne to Newyorke, will goe to Albany & there meet the 
five nations, and have Conference with them ; And that he wold En- 
joine the Senecas, & all the other Indians, to peace & friendship with 
them, & all other Indians belonging to the English provinces in Ameri- 
ca. Therfore, they should not doubt his protection whilst they are 
of good behaviour. 

The Indian Speaker Laid some dressed deer skins att his Excell. 
feet, & wished his Excell. joy of this government. 

His Excell. told them that he was to returne to Newyorke himselfe, 
and Had appointed Leiv' Governo' Mark ham in his stead, and if anie 
of them be aggrieved in his absence, they must make application unto 
him for redresse, which they will alwayes have. 

The Speaker sayes: Wee are verie thankfull to your Excell. for ap- 
pointing one over us in yo' absence who hath done good to us former- 
lie, and whom wee Have known a Long time; and in token therof, 
Laid down some Bever att his Excell. feet. 

The Speaker again says: Wee are now glad to know our Governo'': 
when the Quakers governed sometimes one man & sometimes another 
pretended to be Governo', & when wee were in feare of the French and 
their Indians, and inclined to make warr with them, they would not 
encourage us, nor make anie preparations themselves, nor give us 
assistance : although wee area small number of Indians, yet wee are 
men &, know fighting. Wee hope yo' Excell. will encourage us in 
it; & gave some raccoons. 

His Excell. told them. That in February Last the French and In- 
dians did invade the Mohoggs Countrey, and in three days hee was 
got to Schenactady with force sufficient to have destroyed them all; 
That they stoU away in a stormie night: But were sufficiently beat 
the day before, and most of their officers killed. Also, that hee was 
a man of armes, and not of the Quakers principle : That he had serv- 
ed their majesties in their army before hee came hither, and wold now 
goe as farr as any man to protect them, and all that doe owne their 
majesties authoritie, as well Indians as Christians. 



334 MINUTES OF THE 

His Excel!, told them He hoped they will give him a proofe of their 
Manhood & valour by sending some of their best men up to Albany, 
to assist our people ag* the Enemy. That here they were in safety, 
for the French and their Indians cannot come neer to hurt them, 
Unless they come over him, which they should never doe. 

'I'he Speaker said That someof them had been drunk; His Excell. 
must pardon it and not putt them in the stocks, for they knew no bet- 
ter, and the Christians did sell them the Liquor; and gave two deer 
skins. 

His Excell. Replyed That their Brethren at Albany were not of 
their mind : in February last, some of them being drunck one killed 
another, and they came to me and prayed that I should dischairge the 
selling of Rum to the Indians during the warr, or that I wold punish 
such as were drunk. 

The Speaker. Wee profess wee will be one Heart, and true to 
the English and to one another; Wee submitt ourselves to your Excell. 
and if ever you find us false, you shall cutt us all to pieces, making 
signs all over his body; & gave some deer skins. 

His F)xcell. Replyed he was glad to see them so dutifull, and wold 
give them protection accordinglie. That he wold order something 
for them in testimony of his satisfaction with their friendship and sub- 
mission. 



[11* May, 1693. 

Att a Councill Held att Philadelphia on Thursday The U"" of May, 
1693. 

present: 
His Excell. BENJAMIN FLETCHER, iic. 

Andrew Robeson,! t /-t i "^ 

Robert Turner, Usq". Lawrence Cock, U 

Pat. Robinson, J ^ Wm. Clarke, J ^ 

Upon reading the petition of sundrie Sweedes, Inhabitants upon 
the river Skuilkill, wherin they sett forth that their meeting hous is 
on the other side the river ; That they Live three miles distant from 
the ferry, and that they are restrained from passing the river the near- 
est way to their worship on Sunday es & Hoi ydayes by philip England, 
keeper of the ferry att Skuilkill. 

His Excell. did offer his Inclinations to remove anie obstruction that 
might be given to theworshlpp of God, and his regard to the Interest 
of the proprietarie in the ferry, desiring the Councill's advice. 

The Councill are of opinion, That the petitioners may have Libertie 
granted them to transport themselves over the river to & from their 
worshipp, provided they doe not abuse this Libertie to other ends, to 
the prejudice of the ferry. 



PROVINCIAL COUNCIL. 335 

[12'" May, 1693. 

Att a Councill Held att Philadelphia on Friday the 12'' of May, 
1693. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 

Wm, Markham, Esq"", Lei v' Governor 

Robert Tumor, ? p, „ Lawrence Cock, > p, „ 

Pat. Robinson, S ^^ ' Wm. Clarke, 5 ^^^ • 

Upon reading of the petition of William dennis, Complayning of 
Cornelius Empson, 

Ordered the said Empson have a Copie of the petitioner's Com- 
plaint. 

His Excell. did order the Councill to resolve themselves into a Com- 
mittee, to Consider what may be proper for his Excell. to offer to the 
Assembly. 



} 



[15* May, 1693. 

Att a Councill Held att Philadelphia on Safuruday the 13"" of 
May, 1693. 

PRESEXT : 

His Excell. BENJAMIN FLETCHER, &c. 
W jr. Markham, Esq'., Leiv' Governo''. 
Robert Turner, 
Laurence Cock, ^ Esq" 
Wm. Clarke, 

George Forman Had the oaths & Test, & oath of a Justice of peace 
for the Countie of Chester, administred unto him. 

John Child had the oaths and test, and oath of the office of Coun- 
tie Clark of Chester, administred unto him. 

Jeremiah Collet, Thomas Smith, and Thomas Withers, did sub- 
scribe the declarations & profession of the Christian faith, and so- 
lemnlie promised to performe the office of a Justice of peaco for Ches- 
ter Countie, according to the substance of the oath of that office. 

John iSimcokc, John Bristow, George Merris & Wm. Jenkins, 
former Justices of the peace in the Countie of Chester, did give a dila- 
toric answer to his r>xccll. proposall to have them continued iji that 
office. 

Jonathan Hayes, Robert piles and Randall Vernon, did refuse the 
office of Justice of the peace in Chester. 

Gilbert Wheeler and Joseph Wood took the oaths and Test, and 
office of a Justice of peace for Bucks Countie. 

Rob' Cole took y' oaths & test, & oath of Clark of the County of 
Bucks. 



336 mNUTES OF THE 

[IS'" May, 1693. 

Att a Councill Held att Philadelphia on Moonday the 15"' of May, 
1693. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 
William Markham, Leiv* Governo'. 

Andrew Robeson, 1 Lawrence Cock, 1 

Rob' Turner, I Esq". Wm. Salway, |.Esq". 

Pat. Robinson, J Wm. Clarke, J 

John Brooke did subscribe the declaration and profession of the 
Christian faith, and solcmnlie promise to execute the office of a Jus- 
tice of peace for Bucks Countie. 

William Rodeney had the oaths and Test, and oath of Clarke of 
the County of Kent, administred unto him. 



[16* May, 1693. 

Att a Counciil Held att Philadelphia on Tuesday the 16"" of May, 
1693, 



His Excell. BENJAMIN FLETCHER, &c. 
William Markham, Leiv' Governo". 

Andrew Robeson, "j Wm. Salway, 

Robert Turner, I Esq". John Cann, 

Pat. Robinson, J Wm. Clarke, 

George Forman Had the oaths and Test, and oath of a privie Coun- 
cillor for this province, administred to him, & by his Excell. was ap- 
pointed to take place att the Councill board. 



i^ay, 1 m 

1, k^sq". 1 



[S'' June, 1693. 

Att a Councill Held att Philadelphia in the Livet. Governor's house 
on a Saturuday 5'^ of June, 1693, about ten in the morning. 

present: 
WM. MARKHAM, Esq'., Livet. Governo'. 

Andrew Robeson, i William Clarke, ? p « 

Robert Turner, > Esq". George forman, S 

William Salway, y pat. Robinson, Secry. 

Ordered that Jn" Claypoolc, Sheriff of Philadelphia, doe forthwith 
attend att the market place with the Constables, the publication of 
the new Laws from their Originalls, under his Excell. hand, and of the 



PROVINCIAL COUNCIL. 337 

petition of right, & List of Laws tliorin contained, and the conclu- 
sion therof, and the ans' given therunto under his Excell. hand, which 
were accordinglie published. 
Adjourned to the afternoon. 



POST MERID. 

Post Meridiem. Prsesentibus Sicut antea. 

Upon the reading of a Letter directed to the Livet. Governo' from 
Jn" Hill, Esq'., sheriff' of Sussex Countie, dated the 29'" day of May. 
1693, mentioning that upon Thursday next Last, Silvester garland 
brought him two silver cupps, mark't I B, and the other I A, which 
upon further inquirie, were known to be John Bellamie's, wherupon 
the said John Hill apprehended the said Indian, who upon examin 
said that his children found them in grubbie neck. Hee tells hee has 
him in Custodie in Irons, & desires the Live' Governor's advice y'in, 
& by what means hee may be discharged of him. 

Ordered that Wm. Clarke, esq'., in his return home take w' him 
the sd Silvester garland, by a warr'., & that hee examin the sd Indian 
befor the sd garland, as also the sd garland, & return the sd exami- 
nan to the Live' Govcrno'' & Councill, and to continue or discharge 
ym as hee, the sd Wm. Clark, shall see cause. 



[5'" June, 1693. 

Att a Councill, Heldatt philad.ona Moonday y" 5*^ of June, Annoq 
domi. 1693. 

present: 
WILLIAM MARKHAM, Esq'., Live' Governo'. 

Andrew Robeson, ? p, m George forman. Esq'. 

Robert Turner, S * Pati. Robinson, Secrj. 

The Livet. Governo' and Councill being informed ofthe arrival! of 
the Briganteen Ann from Barbadoes, & y' the M'., George Stiles, was 
Lost att sea, did call befor ym the briganteens Compa. & passengers, 
to give an acco'of his death, whether it was casuall, or whether anie 
on board was instrumentall therin. Emanuell Marius, a Spaniard, 
deposed that being Saillor aboard the sd briganteen, came outt from 
Barbadoes about 5 weeks agone, th'^ir Compa. consisting of the sd 
M'. another Seaman, who was prest from them by a man of warr 3 
daycs after they came thence, Christopher Hodges & the deponent; 
when they were in sight of land, 8 Leagues southward of the capes 
of delaware, wind Southeast, they gybed, and the boom knock't the 
sd M'. overboard, & the deponent saw him in the sea, & imcdiatlie 
they ciitt the boat Lashes &gott outt after thcM". and saw theSharkei 
byte his hatt, and as they came up to him w' the boat hee sunk: the 
deponent said that the M'. had no wife, & nothing on board but a few 
old cloathes & instruments, & that hee, the deponent, cannot take au 
obsej'van, and knows onlie the North Starr. 

29 



338 MINUTES OF THE 

Christopher Hodges deposed, that this accident happened of the 
25"" day of May Last, between the hours of 4 & 5 in the afternoone, 
after they had made land and ran to it, & came below the Inlett, and 
then the M". did bid us get readie the anclior and drop it, thinking it 
was the whorkill. Ned Burch, a passenger, & shoemaker by trade, 
being at the Helme wher the M^, as he was showing him which wind 
to keep, brought the saill to gybe & struck Burch, whois head was a 
little above the deck in the steridge,and struck the M^, who was stand- 
ing aloft, quite overboard; &that this deponent saw hisheells turn over 
his head, & so fell overboard and cryed to bring the vessell too, which 
they did, and gott outt the boat, & flung outt a barrell, & the passen- 
gers flung outt ropes, but hce could gett hold of none of ym; they 
saw him swim, and att Last sunk, just as they gott to him, & also 
deposed the substance with the Spaniard. Elizabeth Cruikshank & 
Jean Yelden, passengers, deposed much to the same purpose, and that 
the M'. was Lost accidentallie. 



[6'" June, 1693. 

Att a Councill Held att philad. on a Tuesday 6* June, 1693. 
tresent: 
WM. MARKHAM, Esq\, Livet. Go^ 

Andrew Robeson, } j^ „ William Salway, ? p „ 

Robert Turner, S ^^"^ ' William Clarke, 5 ^'^''^ ' 

Pat. Robinson, Secrie. 

Ordered that Tuesday next it be considered att what place of tbc 
towne the public markett shall be keept. 



[IS"" June, 1693. 

Att a Councill Held at philad. on a Tuesday 13'" of June, 1693. 
present: 
WM. MARKHAM, Esq^, Livet. Governo'. 



Esq' 



Andrew Robeson, 1 Lacey Cock, 

Rob' Turner, I Esq". Wm. Salway, ^ 

Wm. Clarke, J Pat. Robinson, Secry. 

Robert Brett, Clark of the market, appointed by Comission from 
his Excell. Benj" fllctcher, &.c. having made some proposalls to the 
Livet. Governor and Councill about regulating the markett att Phila- 
delphia, Ordered that it be deferred untill it be known what are the 
Customs of ncwyork about the dark of the market & his fees, and 
that the market place be then also established. 

Upon Complaint made to the Livet. Governor & Councill, that softie 
of the LateCountieClarks of the province and territories wold not de- 
liver up to the succeeding C larks Commissionated by his Excell. th« 



PROVINCIAL COUNCIL. 339 

records, minutes, rolls, files & ordrs of their rexive Courts, wtout 
an order, 

Ordered that the Secrie issue this order. Sub' by him, by ordr 
of Councill, for all the said Clarks to deliver up to the Succeeding 
C larks Comissionated by his ExccU. all the records, minutes, rolls, 
files and orders of their rexive Courts, by Indenture, to be made be- 
tween the former and succeeding Clarks, as they will answer the same 
att their perrill. 



[20'Mune, 169S. 

Att a Councill Held att philad. on a Tuesday y' SO"" of June, anno 
dui 1693. 

PRESENT : 

VVM. MARKHAM, Esq^, Livet. Governor. 

Andrew Robeson, 7 ^ „ George Forman, Esq'. 

Robert Turner, 3 ^^ * pat. Robinson, Secrie. 

George Seith Having presented a petition. Setting forth that hee 
had been aspersed by some in this province, as having behaved him- 
selfe offensivlie ag' the governnV, & particularlie by Thomas Lloyd, 
Sam" Jennings, Arthur Cooke, & Jn" delavall, in a Lett' from them to 
him, bearing date the 26"' of 10">Mo., 1692, to the Liv' Go^ & Coun- 
cill produced, wherin they accuse the said George of being Crazie, 
turbulent, a decryer of magistracie, and a notorious evill Instrument 
in Church & state, with manie other Severe expressions of that na- 
ture, and therfore requested a Certificate of his good behaveour. 

Ordered that a Certificate be drawn and Signed to the petitioner; 
which was accordinglie done, and two of them Signed by the gentl. 
of the Councill then present: a Copie of the petitn, letter and Certifi- 
cate, remain on the files of the Councill. 



[26* June, 1693. 

Att a Councill Held att philad. on a Moonday the 26' of June, 
1693. 

present: 
WM. MARKHAM, Esq'., Livet. Governo'. 

Andrew Robeson, } p, ^ Lawrence Cock, Esq'. 

Robert Turner, 5 ^^ * Pat. Robinson, Secry. 

Upon reading of the petin of divers of the relatns, friends & neigh- 
bours of derrick Johnson, a prisoner Condemned to dye. The sd petion 
containing in it reflecting matter relating to the triallof thesd derrick, 
was rejected, Which the Livet. Gor. & Councill imputed to the drawer 
of the "pelin, (supposed to be Jn" White,) & not to the petitioners, whom 
the Livet. Governor and Councill excused, because of their Ignorance 



340 MINUTES OF THE 

And thcrafter, upon the petitn of Brighta, the wife of the sd derrick, 
begging the favor from the Livet. Governor of some support to her- 
selfe and poor children, The Livet. Governor told ym he wold inter- 
cede for ymto his Excel 1. Benjm. flletcher, upon that accompt. 



[27* June, 1693. 

Att a Councill Held att philad.on Tuesday 27'" June, 1693. 

PRESENT : 

VVM. MARKHAM, Esq^, Livet. Governo^ 

Andrew Robeson, ) -p ^ Geo. Forman, Esq'. 

Robert Tiu'ner, \ ' ' ' ])at. Robinson, Secric. 

Upon reading the petition of Edward Burch to the Livet. Governor, 
setting forth, That having Sailled from Barbadoes in the barkenteen 
Ann, George Stiles, M'., & onlie one man and a boy more belonging to 
her, the petition' and his servant being to have their passage for their 
Labour: that the M", to the Southward of Cape Henlopen, was cau- 
sually knockt over board and Lost, to the hazard of the shipp, goods 
& passengers, and that att the desire of tlie people on board, the peti- 
tioner, with great hazard of his Life, went ashoare, & for saving the 
Life of the people, & for preserving the vessell and cargoe, did agree 
with a person to pylot her to some safe harbour, and to give him twen- 
tie pounds, and having had an easie & speedie passage into the whore- 
kills, the said pylot was willing to take ten pounds sterling, which the 
petitioner accordinglie paid, & took his receit for the same: Andyrfor 
praying that the owners or present M"" of the sd vessell may repay 
the said monies, & to allow some reasonable reward for his extraordi- 
narie service, care and danger, &c.: M' Jasper Yeates, to whom the 
sd vessell was Consigned, being called, and having had the sd petin 
read to him, and alledging that the passengers promised the petitioner 
fourtie Shillings p head for his care, 

It was ordered that the owners of the said vessell should pay back 
to the petitioner the said sum of ten pounds, & that hoe might take 
his remidie att law for the fourtie shillings phead, promised to him by 
the passengers. 

Upon the petition of the Inhabitants of the townshipp of Chelten- 
ham, in Philadelphia Countic, for a convenient roade to the towne of 
Philadelphia, while it mav be done without injurie to the improvments 
of the Inhabitants : As also, for a convenient I'oade from the most 
inhabited part of the said townshipp, to Germanlowne. 

Ordered that the petitioners acquaint the Surveyor generall to at- 
tend the Councill the y"' of July next, to informe about the conve- 
niencie of the said road. 

Upon the petition of the inhabitants of Chester, to order the divi- 
sion of thesd Countie from the Countie of New castle, for want of 
which the petitioners Have long suffered, 

Ordered that one or two persons of each Countie doe attend tho 



PROVINCIAL COUNCIL. 341 

Coimcill the yth of July next, in order to inform the Councill of the 
true state of that affair. 

Upon the petition of phiHp England, Setting forth that wheras 
his Excel ly. Benjamin Fletcher, did confirm the proprietor's License 
for keeping a fcrrie over Skuillkill to the petitioner, forbidding anie 
other to act thcrin att their perrill ; And that notwithstanding therof, 
Wm. Powell does ferrie people over the Skuillkill, to the petitioner's 
damage, &l yrfor requesting the said Wm. Powell may be supprest, 

Ordered that the Secry. Issue outt a warrant, to be served on the sd 
Wm. Powell by the Messenger, to appear before the Councill the 18'^ 
of July next, to make ans" to the sd Charge. 



11* July, 1693. 

Att a Councill Held att Philadelphia on a Tuesday, the yth of July, 
1693. 

PRESENT : 

WILLIAM MARKHAM, Esq\, Livet. Governor. 

Andrew Robeson, Esq^ Rob' Turner, Esq'. 

Patrick Robinson, Secry. 

The paucity of Justices of the peace for this Countie being repre- 
sented to this board by some of the members yrof. It was thought fitt 
that between this & the 18* instant, John Jones & Joshua Carpen- 
ter should be desired to be present the IS* instant at this board. 

Upon the petition of Edmond Lassell to the Livet. Governo'' and 
Councill, setting forth that he has been 3 years agone prosecuted 
about making of monie, upon the evidence of persons att that time. 
Convict for the same crime, and yrfor requesting that upon his giving 
securitie for his good behaviour, hee might have Libertie to come into 
Philadelphia to pursue his calling. 

Ordered, That by reason of the uncertaintie of this pctin,that the 
petitioner be Left to his course att law. 

Upon the petin of Israeli Taylor, Joseph Taylor and Jn" Buzbie, 
setting forth That Robci t Turner havino- had the administran of the 
estate of Christopher Taylor, their father, Comitted to him by the 
then Ordinary, 12 mo. agone, and that hee hath done little in it, to the 
petitioner's great damage ; And yrfor Requesting that the sd Rob' 
turner may be ordered to prosecute the sd business as farr as in him 
lies, otherwise the petitioners will be grcatlie damnified. 

Ordered, That if the sd Rob' turner doe not, with as much cxpedi- 
ton as the Law will allow, perform the dutie of an administrator yrin. 
That another be appointed in his roome. 

Upon the Request of some of the members of Councill, that an 
ordr made by the Court of Quarter Sessions for the Countie of Phila- 
delphia the 4''' July instant, (proceeding upon a presentment of the 
grand Jurie, for the bodie of the sd Countie,) ag'tlic tumultuous gath- 
erings of the negroes of the town of Philadelphia, on the first dayes 
of the wceke, ordering the Constables of Philadelphia, or anic other 

29* 



342 MINUTES OF THE 

person whatsoever, to have power to take up negroes, male or female, 
whom they should find gadding abroad on the said first daves of the 
week, without a tickett from their M''., or Mris,or not in their Compa, 
or to carry them to goale, there to remain that night, & that without 
meat or drink, & to Cause them to be publickly whipt next morn- 
ing, with 39 Lashes, well Laid on, on their bare backs, for 
which their sd M'., or Mris. should pay IS*" to the whipper att his de- 
liverie of ym to yr M'., or Mris. & that the sd order should be Con- 
firmed by the Lievt. Governo'' and Councill. 

The Lievt. Governo"" & Councill Looking upon the sd presentment 
to^jroceed upon good grounds, & the ordr of Court to be reasonable 
& for the benefit of the Inhabitants of the town of Philadelphia, & that 
it will be a means to prevent further mischeifes that might ensue upon 
such disorders of negroes, doe ratifie & comfirme the same, & all per- 
sons are required to putt the sd ordr in execu'n. 

Upon the presentment of the sd grand Jury for the want of a Chan- 
nell to Convey y'' water each way along the front street, between 
Chess-nutt-street & Wall-nutt-street,& upon the ordr of the sd Court 
that the Inhabitants between the sd streets on each side of the way 
should represent the same to the Livet. Go' & Councill, 

Ordered, That the IVIess'' of the Councill, by ord' from the Secrie, 
doe Summon all the inhabitants on both sides of the street from Chess- 
nutt to Walnutt-street, to attend the Councill the 18"" instant, in ordr 
to be heard in the sd matter, and to know the Livet. Governor and 
Councill's minds therin. 



[IS*" July, 1693. 

Att a Councill Held att Philadelphia on a Tuesday the 18* day of 
July, 1693. 

present: 
WILLIAM MARKHAM, Esq\, Livet. Governo'. 

Andrew Robeson, ^ p ^ Lawrence Cock, Esq'. 

Robert Turner, ^ ^^ * Pat. Robinson, Secry. 

Upon a former petn to the Livet. Governor &; Councill, held 27'" 
June Last, by philip England ag' Wm. powell, for ferrying people 
over Skuillkill to the petitioner's damage. It was then ordered thatsd 
powell should be Sumoned by y" mess' of the Councill to attend ym 
this day to ansr the sd charge. The sd Wm. powell appeared & for 
his justificaon produced a paper wherin the grand Jurie for the Coun- 
tie of Philadelphia, held the 7"' of the 4"" mo. 1692, presented thecon- 
veniencie of another ferry att Wm. powcll's on the Skuillkill, which 
ihe sd Court allowed, approved, and thought convenient that it should 
l)edone accordinglie. To w"'' the Livet. Governo' ansred that y' was 
no authoritie for him to keepe a ferric there in prejudice to the ferrie 
established by the proprietor. But therafter the sd Wm. powell an- 
swered That he wold desist from & leave off ferrying over people 
att that place, & that none else under him should ferrie any people 
over from his J^and for anie reward, And which the Livet. Governo' 
strictlie charged him to observe att hispcrrill. 



PROVINCIAL COUNCIL. 343 

Robert Brett Having made known to the Livet. Governo' & Coun- 
cill that he had a Comission from his Excell. Go' ffletcher, for Clark 
of the market of Philadelphia, Requested that they wold establish 
suteable fees to the said office. 

Ordered, That the Clark of the market for the sd towne shall & 
may receive for ali Cattle killed for the market Sixpence p head; for 
everie sheepe, calf &; Lamb, two pence p head, for everie Hogg or 
shoot brought to the market or cutt outt for Sale there, three pence, 
And that nothing shall be paid for what the Countrie people bring to 
towne readie killed; And y' hee shall & may receive for Sealing of 
weights & measures, One pennie for each great or small. And they 
also Ordered, that all persons concerned should duely pay the Clark 
of the market the above said rates ; And that all Justices, sherriffs, 
Constables and other officers be ayding & assisting to him in the exe- 
cuon of his said office. 

According to an ord' of the Livet. Go' and Councill, of the y"" of 
Julie instant, John Jones and Joshua Carpenter having appeared, & 
the office of a Justice of y° peace being ottered ym, John Jones abso- 
lutelie refused the same: Joshua Carpenter accepted, and did take the 
oaths appointed by act of parliament to be taken instead of the oaths 
of allegiance & Supremacie, & subt. the test, & took the oath of a Jus- 
tice of the peace. 

In obedience to a fornf order of Councill, dated yth instant, some of 
the Inhabitants betweene Chess-nutt & Wall-nutt street, did appear, 
viz: Griffith Jones, Sam" Carpenter, Anthony Morris, Alex" Beardslie, 
Nath"Sykes, Humphrey Morrey, Rob' Ewer, Joshua Carpenter, Tho. 
Marie, who did represent their willingness to have a Channell in the 
4nidst of the street to convey the water both wayes along the front 
street, between the sd two streets, qrby the nusance between the sd 
two streets might be remedied, and did desire that since they could 
not agree among ymselves about the manner of it, That the Livet. 
Governor & Councill wold take such Course yrin as might be Com- 
pulsorie, & binding upon ym & the rest of the freeholders between the 
said two streets. 

Ordered, That Anthony Morris, Joshua Carpenter & Alex' Beards- 
lie, doe oversee & order the doing of tho sd workc, with all expedtn & 
y' they take such advice & assistance y'in as they shall think fitt, 
and that the charge be laid equallie & proportionablie upon the free- 
holders on each side of the way between the sd two streets. 



[SO'" July, 1693. 

Att a Councill Held att Philadelphia on a Thursday the 30"" of July, 
1093. 

PRESENT : 

WM. MARKHAM,Esq'., Livet. Governo'. 

Robert Turner, ? p r. Pat. Robinson, secry. 

Lawrence Cock, > * 



344 MINUTES OF THE 

Israeli Taylor, sheriff of the County of Bucks, Having been Called 
before the Livet. Go' & Councill to give an aco' of the estate of der- 
rick Jonson, Lately sentenced & executed for murdering an unknown 
person; And whether he had observed the Law relating to the estates 
of persons executed for murder; And why hee went from towne with- 
out taking full Instructions about the said estate ; And why hee had 
disposed of some parts of the sd estate Contrarie to the instructions he 
had received from the Livet. Governo''; To all which Hee an- 
swered, That hee had not Inventoried the sd whole estate ; and 
that hee had taken some part of it, but liad not meddled with the 
widdow & children's half part ; and that hee had disposed of 
«ome of the movables; and that hee had paid no flees but conditional- 
lie, to be repaid him if demanded; and that hee had great trouble 
about it; And that hee had procured to himself manie enemies on the 
acco' of his office; and after a perremptorie manner, desired to be dis- 
mist from the same: From which the Livet. Governo'' did dismiss him 
from that time. 

Ordered, That Israeli Taylor doe bring in the Inventorie of the es- 
tate of derrick Jonson, and the apprizmcnt therof, with a particular 
acco' how, in what manner, to whom and for what, hee has disposed 
of the same, by the 13"' of August next; which heo promised to doe 
befor y' time ; and further added, that hee could give a true &. just 
accompt of the same. 

Ordered, That a Bill of Charges of 7£, 15S, & 5d, disbursed 
and brought in by Rob' Cole for saving, reaping and securing the 
Cropt of Corne, be paid him out of the sd estate of derricke Jonson, 
with something for his ownc pains, travcll & cxpences. 



[1" August, 1693. 

Att a Councill Held att Philadelphia on a Tuesday the 1" day of 
August, 1G93. 

PRESENT : 

WILLIAM MARKHAM, Esq\, Livet. Governo'. 

Andrew Robeson, ^ „ Lawrence Cock, Esq'. 

Robert Turner, ^^ * pat. Robinson, Sccry. 

His Exccll. Benjm. Fletcher's Letf to the Livet. Governo' and 
Councill was this day read, & becaus of the thin Councill, It was 
ordered y' the same should be considrcd the 8"' instant in a full Coun- 
cill, And y' y' Secrie. give notice to as many of y* Councill to be then 
present as (by reason of their distance) can. 

Thomas Meaking, keeper of the (free schoolc in the town of Phila- 
delphia, being called befor the Lt. Go' and Council), was told that heo 
must not kccpe schoolc wtout a Licence. Ansrcdthat hee was willing to 
Comply, and to take a Licence : was thcrforc ordered to procure a 
Certificate of his abilitic. Learning <fe diligence, from the Inhabitants 
of note in this towne, by the Sixteenth instant, in order to the obtain- 
ing a Licence, which he promised to doc. 



PROVINCIAL COUNCIL. 345 

Upon Reading the petion of Charles Butler against David Lloyd, 
Ordered That the Consideratn yrof be referred to the next Council!, 
the 8'" instant, and that the Secrie. cause the mess' Sumons the sd 
David Lloyd to be then present to ansr to the same. 

John Claypoole, Sheriff of the Counlieof Philadelphia, Having in- 
formed the Lt. Go'' (Si Councill that the members of Assemblie for the 
sd Countie, & the other 3 assessors chosen by ym. Having thought 
litt to nominate him Collector for the sd Countie of the supply mo- 
ney, but were desirous that the Lt. Go' & Councill might take Secu- 
ritie from & with him in 50011. for his performance yrof & fidelitio 
yrin, Hee brought befor the Lt. Go' & Councill Sam" Atkins for his 
Securitie, Whom the Lt. Go' & Councill (with their owne Consents) 
ordered to be bound in 100011. jointlie & severallie, to their maties, 
with Condition that the sd Jn" Claypoole should faithfulUc discharge 
that trust, and that hee should pay to the Treasurer all such sums as 
hee should from time to time receive, And ordered the Secrie. to take 
their obligaon to their maties accordinglie. 

In prosecuon of an ord' made the 2V^ of June Last, past on the 
petion of the inhabitants of Cheltenham, for a road to Philadelphia, 
Ordering the then petitioners to Desire Rob' Longshore, dcputie Sur- 
veyor genrll, to attend the Councill to informe about the Conveniency 
of the said road. 

This day Tobias Leech and the sd Rob' Longshore appeared. Or- 
dered That this petitn, &; another from the Inhabitants of 2'' dublin 
township, wch was this day read, be considred the S"" instant, (fethat 
one person from each of the said Townshipps represent the said griev- 
ance wtin mentned, and that the Deputie Survey' genrll be then pre- 
sent, to inform about the Convenience of the Road desired. 



[8'" (fcO'^of August, 169S. 

Att a Councill Held att Philadelphia on Tuesday and Wednesday 
the 8"> & 9'" of August, 1693. 



present: 



Esq". 



WILLIAM MARKHAM, Esq'., Livet. Governo'. 
Andrew Robeson, "j John Cann, 

Rob' Turner, VEsq". Geo. forman, 

William Salway, J Pat. Robinson, Secry. 

His Excell. Bcnj" Fletcher's Lett' to the Lt. Go' & Councill having 
l)een read. It was Resolved that a particular ansr should be given to 
each part yrof & a minute made ©f the same. 

The 1" claus yrof begins thus : " After my Hcartio Salutaon, I 
''doe recommend that you diligentlie intend the keeping of tlie peace 
*'in y' province dj Countrie Comitted to \or charge. I hope you will 
•' alwayes behave yo'selves w' that prudence, moderatn and justice in 



346 MINUTES OF THE 

" yo' Scvcrall stations during my absence, that will justifie yo' Char- 
"acter& my choice," 

The Lt. Go' &, Council! did Resolve, That they wold, according to 
the outtmost of their power, skill & ability, perform their rexive 
duties yrin, and hope that no Imprudence, Immoderation or Injustice 
should-^je found amongst them, or exercised by any of them, towards 
the people or one another, soe as to Impeach their Character or Con- 
demn his Excellencies choice. 

To the 2^, viz: " If there be ajiy urgent necessitie for my presence 
"to assert their maties inter(>!st, and Confirm the peace &l quiet of the 
"subject, I shall be roadie to come amongst you att all times when 
" their maties other aflairs in the frontiers of this province will give 
" me Leave. I confide much in your care." 

The Lt. Go' & Councill are of opinion that att present there is none, 
for the people doe submitt to their maties government under his Ex- 
celly & the Lt. Go'', and are generallie Quiet under the same ; And 
their care that it may so Continue will not be wanting. 

To the S"", viz : "I wold have you send me a Copie of the proceed- 
" ings of that speciall Court of Oyer and Terminer, with all the 
" severall evidences that were given upon triall ag' the murderer who 
" is putt to death." 

Ordered That the secrie who was Clark to that triall, draw outt a 
fair Copie yrof, & of the depositns of the severall evidences, & 
Transmitt the same to his Excelly. 

To the 4"", viz: "I desire your care in Causing the penny in the 
" pound to be duly collected, and if any of the Representatives of 
" Assembly be backwards, Let me know their names and Residence." 

The Laying of the same, Appointing assessors, Collectors, and the 
bringing in the names of the Inhabitants, does go on with as much 
expeditn as may be in all the six Counties, and if anie persons con- 
cerned shall be found backwards or negligent to assist in making the 
same, ordered that their names & residence be transmitted to his 
Excelly, and that all possible care be taken to supplie that defect by 
all Lawfull means. 

To the 5*, viz: "It is my earnest desire that you take care to 
" suppress all faction, heats and animosities, and that by such prudent 
" methods and wayes as may most Contribute to the compassing the 
"end." 

Resolved, that as it hath been, so it shall betheLt. Go" and Coun- 
cill's care to suppress the same, and the discontents seem rather to 
decreasce than Increasce. 

To the sixt, viz : "I wold have you from time to time to give me 
" a particular acco' of all publick occurrences in the government, who, 
" or what, doth obstruct its peace & quiet, and what will most advance 
" the benefit yrof." 

Resolved that his Excellics desire therin be dulie answered. 

To the 7"", viz : "You know there is no Revenue fixed for support 
" of y'' maties governmen'; How my time & patience was wasted the 
" Last assembly to no purpose. I doe now desire yo' advice in the 



PROVINCIAL COUNCIL, 347 

" calling of an assembly, if it may be Convenient, this fall,& that you 
" doe use yo' Interests to procure such Repsentatives as may be best 
" affected to their maties govern men'." 

This having been thorowlie debated, It is the Lt. Go"^ &, Councill's 
opinion, That in regard that it's now the high time of rating the tax 
Land by the Last assembly, It was not convenient to make anie Con- 
clusion. But Resolved, that when the rates are Laid and brought in. 
That this debate be Reassumed; Unless his Excclly will be pleased 
to give the Lt. Go' & Councill his reasons for having an assembly 
tills fall, which then shall be debated and resolved upon. 

Thereafter the whole Councill present Unanimouslie requested that 
the Lt. Go'' wold be pleased to write in his owne & their names a 
Letter of thanks to his Excell. for his sd Letter & care of ym & the 
province, & y''in to assure him of their loyaltie to their maties, of 
their obedience to their govcrnm', of their good affections to his 
E.xcelly, and their heartie inclinaons to maintain, promote &. advance 
all their just interests, &, of y" care «Si diligence to discharge the trust 
reposed in ym, though not after the strict rules & methods required 
of persons of better education, experience & Learning; yet after the 
generall rules of Comon Justice, which they earnestlie beseech his 
Excelly to accept of. 

Charles Butler's petion ag' David Lloyd (from the preceeding 
Councill referred to this) was read, setting forth : That when the sd 
David Lloyd was Clark of ye provinciall Court Held ths 24"" 7ber 
1691, The petitionr was indicted foruttering & paying away several] 
peices of false monie, of false mixt mettall, to the Likenes of spanish 
Coyn, called peices of eight, wch hee sometime before made or Coyned 
in the Countie aforesaid. Intending craftilic, fais'.ie, deceitfullie &; trai- 
tourouslie, to defraud the king & his people, (wtout anie authority 
or Licence from the King & Queen to him given, ) Contrary to the 
Laws in such case made &; provided : And also, setting forth that the 
sd David Lloyd did add to the pettie Juries veredict ag' the petitioner, 
(&c.) which the Jurie apprehending & reproving, demanded up their 
veredict again, (with consent of the bench,) and went forth again, & 
agreed on & wrote down their veredict again in the former words, 
as before they had done, viz: Philadelphia the 26"' of y'T'^'mo., 1691. 
" Wee of the Jurie doo find Charles Butler guiltie of dispersing bad 
monie." Unto which the sd David Lloyd after that added, (&c.) 
whereby yor petitioner had sentence of misprision of Treason pro- 
nounced ag' him, viz : That he shall forfeit his goods and chattells 
forever, and the profitts of his Land during his Life, and be Impri- 
soned during his Life. And therfore, Requesting Releife. 

The said David Lloyd appearing, made ansr. That hee added no- 
thing to the verdict, and that the Records wch yrin has the, (&c.) 
added to their veredict, was made up after sentence past on the peti- 
tioner, & that the, (&c.) in the record to the veredict, was for forms 
sake, and yrfore could not be the caus of the sentence. 

Upon full debate hereof, the sd Complaint was found to have matter 
of Law in it ag' David Lloyd, not cognizable by the Lt. Go"" & Councill; 



348 MINUTES OF THE 

yet thought the sentence of misprision of Treason verie severe 
ag* y° petition'', for being only found guilty of dispersing bad money. 

The Councill therfore desired his Excellencie, or in his absence the 
Livet. Governo'', on the petitioner's application to grant him a par- 
don. 

Upon the Complaint of Magister Jacobus Fabricius, the sweeda 
minister, That being blind, he was reduced to that povcrtie that hee 
had not wherupon to Live, 

Ordered, That the Church-wardens of their Church, have notice 
to appear att Councill the ffifteenth instant, to make ansr to the said 
complaint. 

In answer to the petion of the inhabitants of Cheltenham-Town- 
shipp, to the Lt. Go' & Councill, y'= 27* June, 1693 ; And of the In- 
habitants of second Dublin townshipp, the T' August instant, both 
requesting the Confirmaton of their roads from the sd respective 
townshipps to Philadelphia, 

Resolved, that the Comon road from Cheltenham townshipp to 
German townshipp, & from Cheltenham Townshipp to Philadelphia, 
and from 2'^ dublin townshipp to Philadelphia, (commonlic called 
Walter King's road) bo & are hereby confirmed to be the high and 
Comon roads, provided they have been such for foure years Last past; 
And that the said Cheltenham road extend up into the Countrey to 
peter Chamber-Lains; And that the overseers of the Highwayes clear 
the said roads according to the methods prescribed by Law. 

Upon the petion of philip England, setting forth that he hath a 
Licence for the ferric att Skuillkill <fc Ordinarie there, on a place right 
ag' the High. street on Skuillkill side, from the proprietor, & another 
from hisExcell. Bcnj" Fletcher, &;c., confirming the same, on the con- 
dions yrin exprest, and that he hath a grant from the Comrs of the 
proprietor's propertie of a Leass for the sd ferric for ten years, or un- 
till the proprietor should otherwise order, w-ith 12 acres of Land on 
the west side of the sd ferric, and ten acres on the east side yrof, as 
Land to the sd ferrie belonging, att 71. p annum, tocomence from the 
first of March next. And yrfor. Requesting the Lt. Gor.& Councill 
to grant to y^ pef the sd Leass, under their hands & seals, on the 
terms above mentioned, & ansrablc to the sd grant from the Comrs to 
yor pe'', & yrin to ord'' to whom the sd rent should be yearlie paya- 
ble for the proprietor's use; yo' pe'' behaving himself as hee ought to 
doe in the capacitie of a keeper of the ferrie in that place. 

Resolved, That the Lt. Go' (by reason that there are no Quorum 
of the proprietor's Comr' that will act in y' capacitie,) grant to 
the petition"" the sd Leass, under his hand & Seal, on the terms above 
writtin, & ansrablc to the Comrs sd grant to the pe', dated 24"" June, 
1693 ; and that the sd rent be made payable to Rob' Turner, for the 
proprs use; The per. behaving himself as he ought to doe in the Capa- 
citie of a ferry-keeper in the said place. 

John Cann, Esq'., a member of Councill, having Complained to the 
Lt. Go' & Councill, that John White, Late Clark of Newcastle Coun- 
tie, had caryed away outt of the sd Countie the Records of patents, 
•deeds & Lands, & the records of the probats of wills, & severall 



PROVINCIAL COUNCIL. 349 

papers, bonds and Inventories yrto belonging, which they had wanted 
for some years past, to the great prejudice of their Countie, Orphans 
and others. Requesting releife. 

John White Having been sent for, appeared & made ansr that hec 
dcHvered all papers and records to his principall, Thomas Llojd, and 
that he had none of them. 

Resolved, That John Cann & Wm. Salvvay, Esq"^., goe to said 
Thomas Lloyd and demand of him all Records & papers of all the 
offices hee formerlie had relating, to the Countie of Newcastle, Phila- 
delphia, and all other the Counties of the province. 

They on their Returned Reported, That hee ansred That hee wold 
send to the Lt. Go'' the two books relating to Newcastle Countie ; 
But for the books relating to the other Counties, hee wold Discourse 
the Livet. Governor about them. 

Upon the petion of the Inhabitants of Chester Countie to the Lt. 
Go'' &, Councill, To adjust the bounds of the sd County from the 
County of Newcastle, Referred from the Councill, June 27"', to this. 

After full debate of the said matter. Resolved, That, (for the pre- 
sent Conveniencie of the government, and not for an absolute and 
finall proprietarie division, but that the Inhabitants on the borders of 
both Counties may know to which of the two to pay their Leavies, 
taxes, &c., and performe their other Countie services,) The bounds of 
New castle Countie shall extend Northward to the mouth of Naman's 
creek, and upwards along the South-west side of the northernmost 
branch, (excluding the Townshipps of Concord & Bethell,) and not to 
extend backwards of the said northernmost branch, above the sd 
two townshipps. 

The Debate concerning the establishing of the place of the markett 
" Philadelphia (referred from the Councill of Sixt of June Last to 

s) being Reassumed & now thorowly debated, (for the Conveniencie 
' all the Inhabitants of Philadelphia,) as also the regulaon and fees 
t;. rof answerable to the present Circumstances of the Town and 
Countrie. 

[The Markett of Philadelphia.] 

The Livet. Go' did put it to the vote. Whether the markett 
should remain in the place where it now stands, on the west side of 
delaware front street, within the High street. It was carried in the 
negative, nemine contradicente. 

The Livet. Go' did putt it to the Vote, Whether the markett should 
!'- held att markett Hill, in Delaware front street. It was caried in 
'.^ negative. 

The Livet. Go' did putt it to the vote. Whether the markett should 
bo placed where the Second street crosses the High street. It was 
carried in the affirmative. But in respect that the said place could 
not be forthwith staked outt, & the bounds & extent of the markett 
place there ascertained. It was unanimouslie 

Resolved, that after the 12* instant, the markett & stalls be for the 
present removed tomarkett-hill, &; be there keept untill such timeonley, 

30 



350 MINUTES OF THE 

and no Longer, as the Lt. Gor. shall cause the place wher the second 
street crosses the High-street, to be staked outt lor the markett place, 
& till a Bell-house be built & erected, & the bell hung in the sd place, 
and that notice yrot" be given to all persons concerned, by the dark of 
the markett. 

Robert Turner, Esq"", treasurer of the sd province, Having requested 
the Lt. Go' & Councill to establish what sum Jn" Claypoole, SheriflT, 
shall have for the moneys hee shall pay to him as Treasurer, 

Resolved, that hee allow the sd hi° Claypoole 12'' p pound. 



[29'" August, 1693. 

Att a Councill Held att Philadelphia on Tuesday the 29"" of Au- 
gust, 1693. 

PRESENT : 

WILLIAM MARKHAM, Esq^, Leiv* Governor 

Andrew Robeson, > p „ William Salvvay, Esq'. 

Robert Turner, ^ ^ ' Pat. Robinson, Secry. 

Upon the petion of the Inhabitants in and about the Townshipp of 
South-hampton, Requesting the King's road already Laid outt from 
the falls to South'-Hampton, to be Laid outt & continued fronn South- 
hampton to Philadelphia, by the Surveyor generll, with the assistance 
of the neighborhood, and that the same may be confirmed to be the 
King's road. 

Ordered, That a warr' from the Lt. Go"" be directed to the surveyor 
genrll, to Lay outt the king's road from South-Hampton to Henry 
Waddle's plantaon, where it may fall into the king's old road, to the 
great advantage of the Inhabitants : provided it be Laid outt att the 
p'er's charge, and that a Return yrof be made into the Secrie's office, 
in order to a finall confirmaon of the same. 

Upon the petion of the Inhabitants of the first dublin Townshipp, 
Requesting a Continuation & Confirmaon to the sd townshipp of a 
ten year old road to Walter forrest's mill, 

Ordered, That warr' from the Lt. Go'' be directed to the Surveyor 
generll, to Lay outt the road desired to be continued & confirmed : 
provided it be Laid outt att the p'er's charge, & y' a return yrof be 
made into the secrie's office. In order to a finall Confirmation of the 
same. 

Upon the petion of the Inhabitants of Oxford townshipp, desiring 
the Lt. Go' & Councill not to confirm the High road granted to the 
Inhabitants of 2'^ dublin Townshipp, from thence to Philadelphia, 
upon the 8"" and 9''^ instant. 

The Lt. Go"' & Councill did not think it reasonable to grant their 
Request, and therfore. Resolved, That for a further Confirmaon of 
the sd road from 2'' dublin townshipp to Philadelphia, a warrt from the 
.Lt. Gor. dec, be directed to the surveyor gcnrll, to Lay outt the sd 



PROVINCIAL COUNCIL. 351 

road from 2'' dublin townshipp to pliiladelphia : provided, it be Laid 
outt att the p'er's charge; And that a Return yrol' be made to the Se- 
crie's office, in ordr to a finall coiitirmaon of y" same. And as to the 
other road mentned in their petition, through Oxford to franckford, 
when they Request tlie Laying of it outt for a pubhck road, It shall 
be then further considred. 



[19"" Septembr, 1693. 

Att a Councill Held att Philadelphia on 19"' day of 7br., 1693. 

present: 
WILLIAM MARKHAM,Esq^, Livet. Governo. 

Robert Turner, ? p ^ Lawrence Cock, Esq'. 

Wm. Salwa}^, ^ ' P^'^* Robinson, Secrv. 

THe Livet. Go"" Having produced a Letf from Jolm IMiller, the minis- 
ter of Newyorke, directed to him, dated 18'" August, 1C93, which 
came to his hands the 4"' instant, Containing enclosed severall copies 
of a printed Breife, granted by His Excell. Benjamin Fletcher, &.c., 
bv &> with the advice of the Councill of Newyorke, to waraner wes- 
sells, Antie Christians, & others, the friends of Cornelius Christians, 
peter Wessels, Bartholomew Rowston, John Crage, & Wm. Green, 
Late of Newyork, mariners, & now Captives in Algiers, (by reason 
y' their relaons arc not able to redeem ym,) To ask & receive the 
charitie of all Christian people undr his Excellys. governm', for their 
redemption: As also, severall Lres to se'all places & persons in penn- 
silvania relating yrto : And yrfore, desiring the Lt. Governor's as- 
sistance yrin, and y' he wold promote it as much as he can, and to 
cause distribute the said Briefes and Letters. 

And since, by reason of the sicklie time, the Lt. Go"' could not have 
a full Councill, and being Unwilling to deferr the consideraon of the 
aflair anie Longer, did Communicate the same to this board, and after 
the said Lettr & Briefe wer read, desired the advice and opinion ol' 
the Councill yrin, Who, though they declared ymselves willing to 
exercise their charitie towards such Captives, Yet upon debate, were 
of opinion, THat they having no command nor advice from his Ex- 
celly concerning it, and the briefe being granted by his Excelly, by 
& with the advice of the Councill of Newyork only, and that it had 
no relation to this province, & did therforc Humblie conceive That 
they ought not to be distributed. 

Ordered, That the secrie write to the assessors of the rexive six 
Counties, to Transmitt to the Lt. Go' & Councill, by the 3'' of 7br. 
next, a true Copie of the assessment of the penny in the pound, with 
the names of each person, and how much they are rated, Signed by 
the assessors, as the originalls are. 

Ordered, That hee also write to the severall members of Councill 
that they be present att a full councill, the 3'^ of October next. 



352 MINUTES OF THE 

Upon reading the petion of philip England ag' Wm. powell «& 
Nathaniell Mullinax, It was referred to the Consideraon of the next 
full Councill, And in the meane time, that they, by an ord"' from the 
iSecrie, be sumoned to be then present, to answer to the petitioner's 
charge ag' them. 



• [23-' Septembr, 1693. 

Att a Councill Held att Philadelphia the 23'i day of September, 1693 
present: 
WILLIAM MARKHAM, Esq. Lievtenant Governo'. 

Andrew Robeson, 1 -iir-ij- o i i^ r 

Robert Turner, lEsq^ William Salway, Esq'. 

JohnCann, J pat. Robinson, Secry. 

Foure of the provinciall Judges, viz : Andrew Robeson, Wm. Sal- 
way, John Cann, Edward Bleake, Constituted by his Excellie Benja- 
min Fletcher, the Chief Governor, Commission dated the 29"* of May 
Last, brought their Cnmission to this board, advising that the same* 
was dated before the Law was past that did appoint there should be 
five provinciall Judges, and that it was not in such forme as answered 
the Law, And not Laving time befor the day appointed by Law for 
their sitting. Requested the Lievt. Governo''to grant them a Commis- 
sion which might answer the intent of the Law, which by the advice 
and Consent of the whole board, was ordered to be done, and was 
done accordinglie. 



[P' Octob^ 1693. 

Att a Councill Held att Philadelphia the 1'' day of October, 1693. 

PRESENT : 

WILLIAM MARKHAM, Esq^ Leivt. Governo'. 

Andrew Robeson,") iir o i ") 

Robert Turner, Usq". Wm. Salway, /j, 

JohnCann, J Lacey Cock, j ^ 

The Lievt. Governo' \)rodueed to the Councill a Letter which hee 
had received from his Excelly Benjamin Fletcher, the Chief Governed 
^vhcrin hee orderedghim to summons a Council!, which was then 
( .'onvened accordinglie. The Letter having been read, was in these 
words : 

Sir, I have appointed the first Wednesday in October next for the 
meeting of Commissioners from all the neighbouring Colonies and 
provinces, att New york, to Concerto and agree upon a Quota of 
men and money for the defence of the frontcers. You have seen 
their maties Commands to mce as Govern' of pennsilvania for that 
])urpose. You are therefore to gett the Councill, or a Quorum, 
together, to Consider of a fitt person for pennsilvania & the Countrie 
of new Castle. Signed Benj" ffletcher, dated att fort WfHiam Henry; 
the 23 7br, 1693. 



PROVINCIAL COUNCIL. 353 

Upon which the board having debated, and tlien Unanimouslie 
resolved that Wm. Sahvay, esq', should be the person for this province 
and Countries, to treat with the Comrs. of the neighboring Colonies 
appointed to meet att New york, Concerning a Quota of men & monies 
for the defence of the fronteers, according to her maties Letters to his 
Excellic the Chief Governo'', and the Lievt. Governo"' is desired to 
Commissionate him for that service, & to give him such Credit as 
is rcquisit therto, which was accordinglie done. 

Ordered, that the sd Wm. Sahvay have for the defraying of his 
charge Twentie shillings per diem, and that Rob' Turner, Esq^ trea- 
•^urer, pay the same to him, and that hee reimburse himself outt of 
tiie next tax to be collected, and that hee pay him downe Seaven pounds; 
& that the Lievt. Governor give an order for the same. 

[Regulation of Markett. 

It was this day, by the Lievt. Governor, with the advice of the 
Councill, agreed. That the Regulaon of the market of Philadelphia 
should be as follows, Viz : 

1" That the place for the markett be in the High-street, wher the 
second street Crosses it and in no other place. 

2" That the market be keept there two daves in the week weeklie, 
viz : Wednesday and Saturuday. 

3". That all sorts of provisions brought to this town for sale, viz: 
flesh, fish, tame foull, butter, eggs, cheese, herbs, fruits & roots, &c. 
be sold in the aforesaid market-place ; And in case anie of theaforsd 
provisions should come to the town of Philadelphia on other dayes 
that are not market dayes, yet that they be sold in the market, under 
the same Circumstances, regulaons & forfeitures as upon the dayes on 
which the market is appointed ; and in Case anie of the sd provisions 
be exposed to sale in anie other place in this town than the sd mar- 
kett, they shall be forfeited, the one half to the poor of Philadelphia, 
the other half to the Clark of the markett. 

4°. That the market begin and be opened att the ringing of the bell, 
which shall be rung from the first day of the 2*^ mo° apriU, to the first 
day of 7bcr., betvveen the hours of six & seven, and from the first 
day of 7ber. to the first day of Aprill, between the hours of eight & 
nine, and in case anie of the aforsd provisions, or anie sort of mar- 
ketting be sold (flesh excepted) befor the ringing of the bell, unles it 
1)0 for his Excellie the Governo'' in Chief, or Leiv' Governo', the same 
shall be forfeited, one half to the poor, the other half to the Clark 
of the markett. 

5\ That no person cheapen or buy anie of the afore mentioned 
provisions by the way as it comes to the market, upon forfeiture of 
the same, besides the forfeiture of six shillings, both to the buyer & 
seller, one half to the poor, theother half to the Clark of the markett. 

6°. That no Hucksters (or persons that sll again) shall buy or 
cheapen anie of the forementioned provisions untill it hath been two 
hours in the markett after the ringing of the bell, upon forfeiture of 
the same & six shillings, one half to the poore, and the other half to 
the dark of the markett. 



354 MINUTES OF THE 

7°. That the Clark of the markett shall and may receive for all 
Cattle killed for the market, six pence p head ; For everie shecpe, 
Calf or Lamb, Two pence per head ; for everie hogg or shoat brought 
to the markett, or cutt outt for sale there, three pence ; and that no- 
thing shall be paid for what the Gountrie people bring to town readie 
killed. 

8°. That the Clark of the markett shall & may receive for sealing 
of weights & measures one pennie for each, great & small. 

Lastlie. That all persons Concerned shall duelie pay to the Clark 
of the markett the severall Rates, ffees &, forfeituios afoiesd, & that 
hee shall fiom time to time deliver to the overseers of the poore their 
parts therof; and that all Justices of the peace, sheriffs. Constables, 
and other officers, be aiding and assisting to him in the execution of 
his office. Given att Philadelphia, the first day of October, 1693. 



[24 Octobr, 1693. 

Att a Councill Held att Philadelphia the 24'" day of October, 1693. 
present: 
WM. MARKHAM, Esq\, Leivt. Governo'. 

Andrew Robeson, ? p n. Wm. Salway, ? p_ ™ 

Robert Turner, 3 ^^ ' Lacey Cock, ^ ^ ' 

Wm. Salway, esq^, who was appointed Com', for the province, &c. 
to meet the Comrs. of the neighboring Colonies att Newyork, to Con- 
cert and agree upon a Quota of men & monie, &c., gave in to this 
board an acco' of his proceedings, which was read and unanimouslie 
approved of, viz : 

New YORK, Wednesday the 4"" of 8br., 1693. 

Pursuant to her matie's -Commands, att the request and appoint- 
ment of his excellie Benj° fletcher, Governo' & Capt. generall of New 
yorke, &c., to the rexive Governors of Virginia, Maryland, pennsilva- 
nia. New england, Connecticut & Roadisland, desiring them rexivlie 
to Commissionate and depute persons to meet here the first Wednes- 
day of this instant October, to Concerto and agree together upon a 
Quota of men, or other assistance, to be given by each Colonic or 
province for the defence of New york, as occasion may require the 
same, Appeared Miles Cary, gentl., deputed from the government of 
Virginia; Wm. Salway, esq'., deputed from pennsilvania; and Wm. 
pitkin, Esq^, deputed from Connecticut; & appointed to meet to-mor- 
row morning. 



Thursday, October the 5'^ 1 69S. 
Tlic above named Comrs. being mett, James graham, esq'., appear- 
ed, deputed from his excellie the Govcrno"' of Nev/york, requiring 



PROVINCIAL COUNCIL. 355 

him to Lay before us the true and perfect state of this province, to- 
gether with the great charge they have been Latelie att in securing the 
fronteers att Albany, from the attempts of the French. And also, to 
Lay down an estimate of the annuall charge that the sd fronteers may 
require for securing the same for the future : Wherupon they adjourn- 
ed till friday att nine a Clock. 



Friday, October 6', 1693. 
The Com" being mett. Having before them the charge this province 
has been Eatelie att in defending Albanie, its fronteers, & the estimate 
of the annuall charge for securing the same for the future, fell upon 
the Consideraon of pursuing her most gratious Matie's Comands in 
agreeing upon a Quota of men, or other assistance to be given by the 
rexive governments of Virginia, Maryland, pennsilvania, Connecti- 
cut, New england, & Road island. And their being a failure, no persons 
appearing from the governments of Maryland, New england, & Road- 
island, are of opinion that the sd Quota of men, or other assistance 
to be given, as aforesaid. Cannot be agreed on for want of persons 
deputed from the said governments, and doe accordinglle humblie re- 
present the same to his Kxcellie the Governor, with the assurance of 
the readines of their rexive governments to pursue her sacred Matie's 
Commands in giving such aid & assistance, in men or otherwise, for 
the securitie of this province from the attempts of the French or In- 
dians, as the Condion of the rexive plantaon shall permitt. 

MILES CARY, 
WILLIAM PITKIN, 
WM. SAL WAY. 

Ordered, That the sd Wm. Salway be paid the remaind'of his tra- 
velling charges allowed him by order of this board the first instant, 
viz: Twenty shillings per diem, Hee having been nutt ten dayes ; and 
for his Loss of time and service, six pounds ; and that it be paid outt 
of their matie's moity of the pennie pe pound tax. 

Charles pickering, in behalf of the v/iddow Wynne, having pre- 
ferred a petion to the Leivt. Governor and Council!, setting forth that 
her Husband, Thomas Wynne, Late of Sussex Countie, deceased, 
had been Sumoned to the Court of New Castle, to ans"" the Complaint 
of Adam Short and others, But falling sick, dyed 3 or 4 hours bcfor 
Judgin' past ag' him att the said Court, and that the originall proces 
ag' her husband was by a wrong name, and therfore requested that 
the execuon be stcpt, and that the petiohr have a fair tryall. 

After debate upon this matter, and production of the Copie of the 
records of the Court of New castle, und' the Clark's hand, wherin 
the petitioner's husband was written Thomas Guin, (but his true sir- 
name was Wynne,) Resolved, that the whole tryall be referred to 
the next provinciall Court to be held for Sussex Countie, & that in 
the meantime execuon be suspended. 



856 MINUTES OF THE 

[Q* Decemb% 1693. 

Att a Councill Held att Philadelphia the 9'" of December, 1693. 

PRESENT : 

WILLIAM MARKHAM, Esq^, Leivt. Gcverno'. 
Andrew Robeson, ? t^ „ 
Robert Turner, 5 ^*^ ' Pat. Robinson, Secrie. 

John Chaffin, M' of the Barque pearl, now ryding att anchor be- 
fore philapelphia, having preferred a petion to the Leiv' Governo' & 
Councill, setting forth that ther is a sute depending between Jasper 
yeates, pltf. & the petition'', in the Court of Comon pleas. & that ho 
had waited on the sd Court for 3 daycs, but could not come to tryall, 
and that hec is informed by the Justices that by reason of the Limi- 
taon of their Comission, they canhot anie longer hold the sd Court, 
and the petition'' being on a dispatch of his vessell before the frost 
shut up the river, Therfore Requested the Leivt. Governo' & 
Councill to take the emergencie of this Case into consideration, <S5 to 
appoint such speedic remedy as the occasion requires; And the 
Justices having sitt 3 dayes upon actions comenced befor this, &, they 
thinking it unsafe to act contrarie to his Excellie's Comission, which 
Limitts their sitting to 3 dayes & no longer ; And the Leivt. Governo' 
having read to the Councill the 3'^ article of his instructions from his 
Excellie, which prohibited him to act with a Quorum less than 5 mem- 
bers, except in Case of neccssitie, the Leivt. Governo'' and Councill 
Concluded this to be such; And upon examinaon of the Justices' Co- 
mission, which was dated the first day of May Last, It was found to 
Limit them to sitt 3 dayes & no longer, And it being compared with 
the Law published the 3"^ of June, IG'93, which ordered the Countic 
Courts to be held and keept Quartei lie, and oftener if occasion be, 

It was Resolved, That the Licvt. Governo'" should make such an 
Indorsement upon the back of his Kxcellies Comission to the Justices, 
that it might therby answer the end of the Law, which was done in 
these words : 

pennsilvania, y' 9"" of December, 1693. Wm. Markiiam, Esq'. 
Leivt. Governo'' of the province of pennsilvania, &c., by authoritie 
derived to me from his Excellie, with the advice of the Councill, doc 
(notwithstanding the Limitaonof the within Comission to 3 dayes and 
no Longer) hereby authorize you, the Justices within named, to keep 
yo' Courts quarterlie, and oftener if occasion be, according to the 
Late Law. 

WM. iMAUKHAM, Seal. 



[19* Dccembe', 1693. 

Att a Councill Held att Philadelphia the 19*^ of December, 1693. 

PRESENT : 

WM. MARKHAM, Esq^ Lievt. Governo'. 

Andrew Robeson,"! Lacey Cock, Esq'. 

Robert Turner, >.Esq-. p^^^ Robinson, Secry. 

Wm. Salway, J •' 



PROVINCIAL COUNCIL. 357 

His Excellies Letf directed to the Lievt. Governo' & Councill, dated 
?"" decemb"' instant, was deliberatlie read ; After which the Leivt. 
Governo"' said, that it was absolutlie necessarie that the governm' 
should be Supported, & that the method proposed by his Excelly in 
the said Letter, was the most easie way to accomplish it ; And therfore, 
earnestlie Requested the members of Councill, according to the rexive 
inffluence that each of them had on the people of the several! ranks 
and condions in the severall Counties, that they wold use their out- 
most endeavours before & att the elections, to persuade and advise 
the people to choose such representatives as may answer ther majesties 
& his Excellies Just expectations; for said hee. Wee have all some 
influence, some more some Less; And you that can give reasons to 
the people, & can resolve their doubts. It is your dutie to do it ; and 
you must all use the best methods & your outmost interest for that 
end : for my part I shall not be wanting, as I am able. The Councill 
ansred that they wold doe their endeavour. 

As to the Collusion in the assessment in his Excellies Letter men- 
tioned, and his Excellies desire to have it rectified, & to know the 
state and amount of that affair. It was ansred by the Leivt. Governo', 
That hee and the Councill having formerlie heard of the assessors of 
Chester Countie, Their underrating the people, did write to them, and 
theraftcr they somewhat rectified it ; And the Secrie told ym that by 
ord' of the Lievt. Governo"' and Councill, dated the 19"" 7br, 1693, 
hee wrote to the representatives & assessors of all the six Counties, to 
send in their rates to the Lievt. Governo'', but had received none but 
from kent, Philadelphia & Bucks; and Robert Turner, esq', said that 
hee had wrote to Bucks and Chester about the same. 

Ordered, That the state and amount of the rate of each Countie be 
sent to his Excellencie, and the Lievt. Governo'' said that he wold 
write to ym that had not sent in their rates, That they should send 
them in Speedilie, att their outmost peri'ill: Which Letters were that 
day writt by the Secrie, signed by the Lievt. Governo'", and sent by 
the Secrie to each of the deficient Counties. 

Upon the petion of the Inhabitants of Radnor, requesting a road to 
be Laid outt from the upper part of the sd. townshipp of Radnor unto 
marion ford ; And of Andrew Robeson & Lawrence Cock, Esq"., Re- 
questing a confirmaon of the road that now is from marionford to 
Philadelphia, and that it come into the third street in the sd towne. 

Ordered, That a warrant from the Leiv' Governor be directed to the 
Surveyo' generall, to Lay outt the roads desired, and that the same 
may be Confirmed accordinglie, and that a return therof be made into 
the Scene's office, in order to a finall Confirmaon of the same. 

[Information ag' Ann Le Tort. 

Thomas Jenner and polyearpus Rose exhibited to the Leivt. Go- 
vernor & Councill the informaon following, viz: The informaon of 
Thomas Jenner & polyearpus Rose, concerning some passages «Si dis- 
courses that hath been betwixt the french people here & some of the 
pennsilvania Indians: 

1°. The Informant, polyearpus Rose, saith, That about 5 weeks 



358 MINUTES OF THE 

since, this informant having some discourse with a certain Indian 
king called Hicquoqueen, The said Indian resented the unkindness of 
the English to the Indians here ; and further said, that they were not 
Like to hold the Land much longer ; for that they were not satisfied 
for it ; and that the french told him that it wold not be long ere they 
wold buy their Land of them again, for the English had but borrow- 
ed it, and that they could not be so kind to them becaus of the Eng- 
lish ; and this was particularlie told him by peter Bassillion and madam 
Le Tort. 

2'. The informants, Thomas Jenner and polycarpus Rose, say that 
about a month since they were in Compa. with Benj° Clift, att Zecha- 
riah "Whitpain's plantaon, wher the said Clifl said, that one Thomas 
Graves &■ hee being together. The Indians up Delaware told him that 
the French wold come in the spring of the year and bum the Eng- 
lish, and take the Countrie for ymselves. 

3". peter Yokum also told ym, that since the Letters that the In- 
dian woman discovered about a year agoe, ther hath been strange In- 
dians come to Letort's plantaon, & sent away again, and gave no 
acco* to the Indian king from whence they came or whether they 
went ; peter Yokum saith that severall Indians told him so, viz: Shak- 
hui)po, Kyentarrah's wife, Olemeon's wife. 

4\ They further say. That upon the Q'^of Decemb', 1693, They 
ryding by the house of madam Le Tort, polycarpus asked her hou 
shee did. Shee ansred, where have you been. Hee said, att peter Yo- 
kum's. Shee said, ther was no path for sweads or English rogues 
there, for no English Rogue nor swead should come on her ground ; 
and run in a furie with a horse whipp &; whippt polycarpus, and call- 
ed for Lewis to help her, a french Canada prisoner taken by o'' In- 
dians, and these informants and mounce Yokum wer forced to ryde 
away, for fear they should have been shott, but saw no gunn. 

5", polycarpus Rose saith, That about a year since ther was a 
packett of Letters sent from Philadelphia from peter Basilion, Capt. 
Dubrois «fc madam Letort, to the strange Indians called Shallnarooners, 
Sealed up in a blue Linnen cloath, & was Left att James Standfield's 
plantaon by Richard Basilion's Servant, who then run away, and the 
Letters being there 3 dayes, James, the Frenchman, Came & caryed 
ym away, who then belonged to the persons abovesaid. 
Signed, THOMAS JENNER, 

POLYCARPUS, P. C. ROSE, his mark. 

Dated the 12'" decemb% 1692. 

polycarpus Rose having sworn to the first article; Thomas Jenner 
having attested, & polycarpus Rose sworn to the 2^^ article ; polycar- 
pus Rose & peter Yokum having sworn, & Thomas Jenner having at- 
tested to the 3'' article ; polycarpus Rose having sworn, & Thomas 
Jenner having attested to the 4"' article ; And polycarpus Rose having 
sworn to the Last article of the sd Informaon, 

Itt was ordered, that the sd Ann Le Tort appear att this board the 
29*^ instant, & that Cap' Dubrois and peter Bisalion, when they return 
from the Lower Counties, be sent for by a warr' to appear as above. 



PROVINCIAL COUNCIL. 359 

to ansr to the said Complaint; And y' the Indian king, Hicquoqueen, 
be sent for, Shakhuppo, kyantaro's wife, Olemeon's wife, mounce 
Yokum, & Lewis, the French Canada prison', also Benj" Clift &; Tho- 
mas graves ; and y' Capt. Cock take care to give ym notige hereof. 



[SQ'" DecemV, 1693. 

The Leivt. Governo"' & Lacy Cock onlie present, Ann Le Tort ap- 
peared, in obedience to the ord"" of Councill, & was readie to ansr to 
y^ sd informaon, but none of the informers nor wittnesses appearing, 
shee humblie desired that shee might not be again sent for till the ex- 
tremetie of the weather was over, shee having no person att home, 
remote in the woods, to be att her house in her absence. 



PROVINCE OF PENNSILVANIA, AND COUNTREY OF 
NEW-CASTLE. 

Minutes of Councill in the Assembly, Anno R. Ret. Rse Willielmi 
et Marie Anglirs, &c., Quinto. 



[15* May, 1693. 

Att a Councill Held at Philadelphia On a Moonday the lo"' of May, 
1693. 

present: 
His. Excell. BENJAMIN FLETCHER, &c. 
William Maekhaji, Esq'., Livet. Governo'. 

Andrew Robeson, "] Lawrence Cock, 1 

Robert Turner, V-Esq". Wm. Salway, ^Esq". 

Pat. Robinson, J V/m. Clark, J 

The persons Returned for Representatives being in number Twen- 
ty, viz: foure for the County of Philadelphia, three ibr the County of 
Rucks, three for the County of Chester, foure for the Countie of New 
castle, three for the County of kent, & three for the Countie o( Sus- 
sex, came to wait upon his Excell. in Councill, and wer admitted. 

Six of them took the oaths appointed by act of parliament to be taken 
mstead of the oaths of allegiance & Supremacie, & subscribed the 
test ; the other fourteen did Subscribe the declaraon of fidelitie, pro- 
fession of the Christian faith, and Test. 



360 MINUTES OF THE 

After which His Excell. did speak to them as follovveth, viz: 

Gentlemen : Before you goe to the Choice of your Speaker, I think 
it Convenient to Let you see by what authoritie you are Convened : 
my reason is, becaus I observed some commissionated by your pro- 
prietor did withdraw themselves att the publishing of their Maties' 
Comission ; others have refused to act under that power, and manic 
of you wer absent att that time. 

Then the Clark, by his Excell. order, did read the Commissions, 
Upon which his Excell. Continued to say: 

Gentlemen: You see by the Clauses of these two patents relating to 
Assemblies, that you are all obliged, befor you can be qualified to sitt, 
to take these oaths prescribed by Law. Yet I have some Latitude in 
my Instructions, which enables mo to admitt such to act in the go- 
vernment as for Conscience sake refuse an oath, and are yet willini'- 
to make their protestation and subscribe the Test, &c. 

It has ever been my endeavour & desire to act soe as that all peo- 
ple under my care might be in Love with their maties' governm' &; 
Laws, and am therfor willing to allow such to sitt in this house of re- 
presentatives, as are chosen by the freeholders of the rexjvc Counties, 
who not being free to take an oath, are willing to perform the other 
obligations : provided this be entrcd in the Journalls of your house as 
an act of grace from their majesties, and not taken as a president. 

Gentlemen: I must add. If there be anie amongst you who doe not 
take an oath, whom you cannot own as members of yo'' Comunion, 
but may, under that pretence, shelter themselves from what the Law 
requires, pray Let me know them, otherwise you will bring a blemish 
upon yo'selves by Countenancing Hypocrites. And in this matter I 
expect you will be plain, and answer for such men, if anie there be, 
who for private ends put on a false dress. 

And I desire you to provide a Clark to keep the Journalls of your 
votes and other proceedings ; That you cause him particularlie to en- 
ter in his book. That your being admitted to sitt upon Subscriptions 
without an oath, is an act of grace, and not to be insisted on as a right, 
and for the future taken in president. 

Your Clarke must also take care to give me a Copie of everie daye's 
votes and Minutes the night following. 

Then bid them withdraw to some Convenient place & choose their 
Speaker, whom he wold be readie to see morrow morning. 

Adjourned till Nine a Clock morrow morning. 



PROVINCIAL COUNCIL. 361 

[16'" May, 1693. 

Att a Councill Held att Philadelphia on Tuesday the IG"" of May, 
1693. 

PRESENT : « 

His Excel I. BENJAMIN FLETCHER, &c. 

Wm. Markham, Esq', Livet. Governo^ 

Andrew Robeson,"^ t r. i "^ 

r, , , rp Lawrence Cock, 

Robert i urner, ! i:» „ j \ r^ r< - 

Pat. Robinson, ^^^^ ' 'w " ^"^1 f"^^'"^ 

Wm. Salway, j Wm. Clarke, j 

The Governo' «St Councill being mett, Joseph Growdon, accompa- 
nied by the whole number of Representatives for the province of penn- 
silvania, &;c. presented himself to his Excell., Acquainting his Excell. 
that the Representatives here present had made Choice of him for 
their Speaker; That it was a great Cliarge &, trust, & more then he 
Could Conceive himself capable of; Therfor moved that his Excell. 
wold Command the representatives to return to their house & choose 
some fitter person. 

His Excell. made ans': Sir, The Latter part of yo"^ speech proceeds 
from yo' modestie. You ai*e their Speaker, and gentl. I doe approve 
of yo' Choice. I have had a good character of you, Sir, and if I 
had been to Choose a Speaker from amongst y" representatives re- 
turned for this occasion, I had pitched upon you as best qualified. 

Then his Excell. addressing to the speaker & Representatives, 
Said: I have sundrie things to offerr to yo"^ Consideraon, But shall 
only insist upon two att present. 

1°. You know that governm', if it be not supported, becomes pre- 
carious, void, & ends in nothing. 

2". Gentl., Here is a Letf directed to me as Go'' of this province, 
from her Matie, qrof you shall have a Copie. The province of IVew 
york has been a long time burdened with a troublesome warr, (if it 
may be called a warr, for Indeed the French and Indians in Canada 
are a pittiefull enemie, if they could be brought to fight fairlie, but the 
wood, swamps and bushes gives them the opportunity of vexing us.) 
You will see by this Letter their maties' Comands, and what is ex- 
pected from you towards the assistance of that province. 

Gentl., If ther be anie amongst you that Scruple the giving of mo- 
ney to support warr, ther are a great manie other charges in that go- 
verm', for the support yrof, as officers Sallaries & other Charges, that 
amount to a Considerable sum: Your money shall be converted (o 
these uses, & shall not be dipt in blood. The monic raised there for 
the support of the goverm' shall be imployed for the defence of the 
fronteers which doe give you protection, 

I wold have you Consider the walls about yo' gardens &; orchards; 
yo' doors & Locks of yo' houses; Mastiff' dnggs & such other things 
as you make use of to defend yo' goods & propertic ag' theeves & 
robbers are the same Courses that their maties take for their forts, 

31 



362 MINUTES OF THE 

garrisons & Souldiers, &c. to secure their kingdoms & provinces, & 
you as well as the rest of their subjects. I speake the more to 
this matter becaus I have their maties' Command, which Lyes now 
here before you. 

And gentl., If you will propose anie thing for yo'selves, whether 
the Confirmation of former Laws or other new Laws, for the advan- 
tage and benefit of the people whom you represent, provided they doe 
not derogate from, or doe not appear in opposition to the Laws of 
England, you shall find my readie Concurrence. 

I hope you will Consider to satisfie their Maties' just demands and 
expectations. Time is of great value to me. Their maties' affairs 
call me to the fronteers ; therfore desire you speedie dispatch of what 
is before you. You may return into your house and Consider therof. 

M' Speaker said: I have something to offer to thee, Governo', on 
behalf of the representatives. 

His Excell. asked : how could that be, befor you are a house, You 
being just now presented to me for Speaker ; How could you have 
anie time for debates, unless you had had some private Consults before 
you wer a House. 

M' Speaker ansred, That what hee had to ofl^er was an omission of 
what hee proposed to say formerlie, and introductory to their bussi- 
nes, in ordr to their dispatch. 

His Excell. bid him say on. 

Then M' Speaker desired that they might have free access to his 
Excell. person, a favourable construction putt upon their words, & be 
free from arrests, with the other priviledges of an Assembly. 

His Excell. made ans': You have all the priviledges of a house, 
But I must again mind you to provide a Clark to keep a Journall of 
yo' votes and proceedings, & I doe expect Hee shall everie night, during 
your sessions, Let me have a Copie of the votes of yo' house the 
preceding day. I wish you to Consider their maties' service, your 
owne safetie, & the prosperitie of the province ; which on my part 
shall be allvvays vigorously endeavoured. 

M' Speaker Replyed, They had provided a Clark. Then returned 
his Excell. thanks, and withdrew with the Representatives to their 
House. 

His Excell. sent to Inquire of the Speaker, if hee believed their 
house wold have any thing to offer to his Excell. and Council] this 
forenoon. 

The Speaker sent in ans% that hee did not know, & desired by the 
same messenger to have a Copie of his Excell. Comission, so farr as 
concerncth the power of assemblies; Which his Excell. Caused to be 
copied outt of the Originall by the Secric, and sent unto them. 

The messenger returning, told his Excell. that the Speaker told 
him hee believed they wold want a Copie of the whole, and that some 
of the representatives desired to see the originall. 

His Excell. sent the same person to tell ym that they should have 
a Copie of the whole to-morrow morning ; And if M' Speaker wanted 



PROVINCIAL COUNCIL. 363 

to peruse the originall in the meantime, It will be granted: provided, 
the person his Excell. sends it by be admitted to be present att his 
reading yrof, and bring the same back to his Excell. 

Ordered, y' Patrick Robinson, Esq'., doe forthwith prepare a Copie 
of their maties' letters patents to his Excell. Benj" fletcher, for the pe- 
rusall of the Assembly. 

Adjourned till morrow morning. 



[17'" May, 1693. 

Att an Assembly held att Philadelphia On Wednesday the IT"" of 
May, 1693. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, «kc. 
Wm. Markham, Esq'., Livet. Go'. 

Andrew Robeson, I William Clarke, \p „ 

Rob' Turner, lEsq". George Forman, ^^^^ ' 

Lawrence Cock, J J 

His Excell. did acquaint the board, that ther wer two gentl. of the 
Councill of Newyork in town. To witt: Chidley Brooke, E3q^, and 
Wm. Nicholls, Esq'.: That the Councill of New york, by their Ma- 
ties' Letters patents for the governmt. of this province & Countrey, 
have an interest in the goverm' of this province and Countrie, upon 
his death or absence, & of the Comand^in Cheif Commissionated for 
Newyork; Therfor his Excell. is desirous that they be present in 
Councill here, which was approved. 

And his Excell. did send for them accordingly. 

The Assembly sent some of their house to know if his Excell. wer 
at Leisure to receive them. Having something to offerr. His Excell. 
told ym that he waited for y" Assembly. 

The doorkeeper did acquaint his Excell. that M' Speaker and the 
representatives did desire access, which was granted. M' Speaker 
addressed himself to his Excell., & said: 

May it please the Go', The house having something to offerr to the 
Go', for the help of my memorie, have putt it in writting: may it 
please the Governo' to Let me read it. W hich was granted. Then 
the Speaker read: 

To Benj" Fletcher, Esq'., Capt. Generall and Governo' in Cheife 
in and over the province of pennsilvania & Countrey of New- 
castle, &c. 

The humble address of the freemen of the said province and 
Countrey of New Castle, &;c. in Assembly mett, sheweth: 

That since it Hath pleased the king & queen that the absence of 
the proprietarie's personall attendance in this govermt. should be sup- 
plied by thee, or by thy Livet., Wee, the Representatives of the free- 
men of this province and territories, with due respect to the power of 



864 MINUTES OF THE 

thy Comission, and heartie acknowledgement of thy good will, care 
dc tenderness to us, doe readily acquiesce with the king's pleasure 
therin, Earnestlie beseeching that our procedure in Legislation may 
be according to the usuall method and Laws of this government, 
founded upon the Late king's Letters patents, Which we humblie 
Conceive to be yet in force; And therfore, wee desire the same may 
confirmed unto us as our rights and Liberties. And wee, with all 
faithfulness and sinceritie, doe give what assurance wee are capable 
of, in the present Circumstances wee are under, to answer the Queen's 
Letf and thy request, according to our ability. 

His Excell. made answer, That this address Hath been drawn up 
with much deliberation, and by the most Learned in their Countrey, 
and it cannot be expected that I can give you an Imediate ans^ I 
shall give you my ans' in v/ritting, But att present I must tell you, 
Gentl., You are verie much mistaken in alledging yo^ Laws to be in 
force, and at the same time, in yo' present station, to desire a Con- 
firmaon of ym. If in Ibrce, what need's my Confirmaon? Consider 
by what power you are convened here : You are either a Law'll As- 
sembly & Legally calld, or an Unlaw'll meeting att the best, &; we 
are doing nothing. If the Laws made by virtue of M' penn's char- 
ter be of force to you, and can be brought in Competition with the 
great Seal of England that comanded me hither, I have no bussines 
here. There is therfor nothing Left for you but to own the king's 
authoritie, or disown it. There cannot be two establishments of go- 
vernment, in opposition to one another. I wold have you satisfied in 
that point. I have an abstract of yo' Laws by me, & manie of ym 
are repugnant to the Laws of England. By yo'' Constitution former- 
lie, the people wer to Choose the provinciall Councill : The king hath 
allwayes the power of Choosing his owne privie Councill, which is 
reasonable, for he is the best judge who are Capable to serve him. 
By your former Constitution the people wer to Choose representatives, 
who wer to have a negative voice in passing of laws, which is all- 
wayes Lodged in the king, and for the present time granted unto me 
by their maties' Lres. patents. By your former Constitution the people 
did present to the Go"' a double number of Sheriffs, Justices of the 
peace, d; I have the power of Commissionating& appointing officers, & 
manie other things in yo' Ibrmer constituons and Laws, repugnant to 
the Laws of F^ngland, too tedious to enumerate ; which are altogether 
Contradicted by their maties' Letters patents. I doc understand that 
it is the opinion of the Learned in the Law, That the Revenue of the 
Crown;The making of Laws; The power of Life & death; arming of 
the subject, &. waging of warr; which wer granted to M' penn, are 
the Reglia of the Crown & cannot be demised; as in case of an en- 
tailment, they are entailed upon the successor: you have heard of an 
entailed estate: the father is only tenant for life, & cannot demise it 
from the son; if he grant it for Longer than Life, it is void, & the son 
shall recover his estate. If there be anie Lawyers among you, they 
can informe you king Charles' grant of these things might be good to 
you during his life, becaus he might maintain his own act; But since 
his death they are become utterlie void. 1 wold have you advised of 



PROVINCIAL COUNCIL. 365 

this point. These Laws and that model of goverm' is dissolved &; att 
an end: you must not halt between two opinions. The king's power 
and M'' penn's must not come in the scales together. 

But gentl., As I said before, when you did present yo' Speaker, If 
you doe propose anie Laws for yo' owne Conveniencie and safetie, I 
ghall readily Concurr with them, If they be not repugnant to the Laws 
of England. 

Mr. Speaker Replyed. That he was a servant to the representa- 
tives, & and had not yet received their minds ; but this one thing he 
durst venture to say for 5'm, That they had a good affection for the king 
& Queen, &■ wer sensible of the great duty that Lay upon ym, & as 
they wold not be wanting yrin, see they wer willing to know that 
their former charter is in a Lawfull way att an end : king Charles 
the 2"^ granted the power by which the Charter was founded, which 
grant being und' the great seal, perhapps they may think that in 
Justice it ought to be maintained, being the king's grant. 

His Excell. in answer said. I hope your aflections to their maties 
are good. My Custome is to speak the thoughts of my breast, & 
wold believe so of evevie man untill I find the contrary. 1 wold have 
you have a tender regard to yo'' dutie. The Question is short, either 
you must stand by their maties Comission for the goverm', or Mr. 
j>enn's Charter ; for you see they are in opposition to one another. 
Consider what I have alreadie said, and be resolved in this point. 
As for the propertie and the estate of the proprietor, you shall find me 
allwayes readie to advance his interest daring my administraon. 
Gentl., I never sought to come here. 1 have enough to doe in the 
nighbouring province, wher I have a fronteer garrison & an enemy 
to Look after. I am come by their maties comands, and their 
government I will maintain, pursuant to their Letters patents. Ther- 
fore, pray Consider and dispatch an ausr. I am in haist to be gone 
upon their Majesties afiairs. 

Whereupon they withdrew. Two of the Representatives did signi- 
fie to his Excell. that their house wold have nothing to oft'err this 
forenoon ; That they wer desired by their house to ask a Copie of the 
Governor's Comission & his answer to their address, in writting. 

The answer given in writting, by advice of the Councill, is as fol- 
loweth: Philadelphia, the IT* of May, 1693. Gentl., 1 have, with 
the Councill, considred yo'' address, and am sorry to find yor desires 
grounded upon so great mistakes. The absence of the proprietor is 
the Least cause mentned in their Maties Lres. patents for their Maties 
asserting their undoubted right of governing of their subjects in this 
province ; there are reasons of greater moment, as the neglects and 
miscarriages in the late administration : The want of Necessarie de- 
fence ag' the enemy & danger of being Lost from the Crown. 

The Constituon of their Maties goverm' & that of M' penn's are in 
a direct opposition the one to the other. If you be tenacious in stick- 
ing for this, it's a plain demonstration (use what words you please) 
that indeed you declaine the other. I shall readily concurr with you 



366 MINUTES OF THE 

m doing anie thing may conduce to yo' safetie, prosperitie and satis- 
faction: provided yo"' requests arc Consistent with the Laws of Eng- 
land, their Maiies Lres patents, and the trust and Confidence their 
Majesties Have reposed in me. Time is verie precious to me. I 
hope you will desist from all unnecessarie debates, and fall in earnest 
u])on those matters I have alreadie mentioned, & still have to recom- 
mend to you, and for which you are principallie Convened together. 
Signed by his Excell. Order. 

DAVID JAMISON, Ck. Concily. 

His Excell. did deliver this ans'' in writting, with the Copie of his 
Comission, to M' Jamison, and ordered him to deliver it to the speaker, 
and to tell the Speaker from his Excell., that hee had sent them an at- 
tested Copie of his Comission for their satisfaction; That his Excell. 
had made many steps of Condescention to them which he had not 
done in another goverm', & was not presidentiall, that they might 
have no hindrance nor obstruction in their maties' service. The Ques- 
tion is short, whether they wold owne their Maties' Lres patents, or 
M' penn's Charter. That his Comission was recorded with the Se- 
cretarie, where they may have recourse to it, and that hee expected 
they wold return that Copie when they had perused it- Which was 
accordingly performed by M' Jamison, and theCouncill adjourned till 
foure a Clock afternoon. 



POST MERID. 

Att a Councill Held att Philadelphia the 17'" of May, 1693, 4 a 
Clock afternoon. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 

Wm. Markhaji, Esq^ Livet. Go". 

Andrew Robeson,"^ t i r" "^ 

u , , rri John Cann, 

Kob Turner l^^ ^^^^^ ^^^^^^ ' p^ 

Lawrence Cock, f Geo. Forman, f 

Wm.. Salway, J J 

His Excell. ordered M' Jamison to wait upon the house of repre- 
sentatives &;Signiflc the Gor.and Councill wcr mett, and no other thing 
l)efor them than to receive what they had to offerr, &■ desires to know 
if a«ic thing might be expected from ym this evening; Which was 
(lone. 

M' Speaker's ansr. was, that they had agreed upon something, to 
his Excell. shortlie to be offered. 

An Houre after his Excell. ordered M' Jamison to goe again to the 
liouso of representatives, & to tell M' Speaker that his Excell. had 
tarrycd a Long while, & desires to know if hee might expect tinie 
thing from them this evening; Which was done. 

M' Speaker's answer was: something hath liappcned of difficultie 
befbr them, which occasioned some debate & hath taken up some time, 



PROVINCIAL COUNCIL. 367 

but now is over ; wee are come to a conclusion : If the Governor will 
tarry one half houre, He beleived tliey wold be readie to wait upon 
the Governo"" : perhapps within a Quarter of an houre. 

The doorkeeper did inform his Excell. y' M' Speaker and the re- 
presentatives did desire access; which was granted. M' Speaker said: 

May it please the Governo'', there happened some difficultie which 
occasioned some debate amongst ua; Wee are now come to a Conclu- 
sion : Wee ask that the Go"^ will excuse us for making soe Long stay. 
Wee hope that this matter being over, wee shall proceed to give sa- 
tisfaction to the king &; Queen's demands & thy desire. Wee have 
agreed to two votes, which are in writting, for the help of my memo- 
rie. I cannot much Commend our Clarke ; please. Go', to excuse 
that it is not writt fair over. 

His Excell. M"' Speaker, if you Leave it with me, I will cause 
writt it fair over. 

M' Speaker. May it please the Governor to Let me first read. 

His Excell. You may. 

M'' Speaker read : philad. y' 17* of y' S"* Mo., 1693. It was putt 
to the Question, whether it be the opinion of this house, that wee may 
saflie act in Legislaon in Conjunction with the present 00% according 
to the king's Letters patents. Caried in the affirmative, Nemine Con- 
tradicente. 

It was also putt to the Question, Whether the following Clause bo 
added to the Last vote, viz : provided, that the aforesaid Resolve may 
not be Construed, deemed or taken to our prejudice, but that wee may 
have the benefit of being governed by the Laws &; constituons of 
this goverm', so farr as is consistent to the tenor of the king's Lres 
patents to our present Go' Fletcher, and that our proceedings therin is 
in Conformitie to the king's pleasure, and not the Least apprehension 
of anie forfeiture of our rights. 

Resolved in the affirmative, Nemine Contradicente. 

His Excell. M' Speaker »Ss you gentl.. To yo' first vote you have 
been a Long time in answering a plain Question, but have come to a 
Conclusion att Last. I am glad that you have agreed to submitt to 
their raaties goverm' with a nemine Contradicente. 

To the second part I must take some time to consider before I can 
give you an ans'' ; please Sir, to Leave the paper with me. Gentl. you 
shall find me allwayes stedfast to what I promise you ; That is, when 
you have Considered to draw up what Laws may be for your Conve- 
niencie and safetie, provided they be not repugnant to the Laws of 
England and their maties Lres. patents, I shall be readie to give them 
that sanction which their Maties have Impowrcd me to give. But in 
yo' former Law book I find sundrie Laws that are altogether repug- 
nant to the Laws of England, and seem to supersede them, viz : the 
9* Law, Sodomy & BesUality ; 10"' Rape; 16"' burning of houses; 
96' stealing of hoggs & other Cattell ; 109'" estates of persons deceased; 
117"' manslaughter; 116 marriages; 171 M'' penn's person. I am 
informed there is a person amongst you brouglit up in the Law in 
England, who can inform you. Therfore, you must not expect that 
I will pass those Laws into acts. 



S68 MINUTES OF THE 

M' Speaker. May it please the Governo' to give us a list of these 
Laws the Governor is pleased to think repugnant to the Law of Eng- 
land. 

His Excell : you may have it. Gentl. Besids what I have alreadie 
offered unto you, There is an Act ag' pyrats and privateers, with 
Limitaon of time for their coming into the province, & entring into 
bonds for their future good behaveour, which was drawn in England 
& sent with me to be enacted in Newyork : pirates and privateers 
may become good menatt Last, and the design of that Law is to draw 
them from their evil courses, that they may become good subjects & 
inhabit amongst us, to help our governm* : It is enacted in Newyork : 
there needs no other alteraon than the alteraon of time for their coming 
in, &; the name of the province ; you may Lengthen the time as you 
find most for yo"" good. I hope it will meet with no opposition. 

There is also another thing which I recommend to you, which no 
person I believe will object ag', & that is the settling of a post office, 
which is intended to continue by Land from Virginia to Boston in New- 
england ; It will be a great Conveniencie to all trading men, & a sa- 
tisfaction to everie one. It was recommended to me by the Queen's 
Letter to be promoted in Newyork, and is setled there, and in New 
England, by act of Assembly. Here is a Copie of the Queen's Letter 
& manner of its settlement, foryo'' perusall. 

M' Speaker. May it please the Gor. to Let us have the perusall of 
those things that relate to our priviledgcs &; Liberties, that we may 
have them under our consideration along with these things. 

His Excell : you shall have ym, & I will readilie concurr to anie 
thing that may not be repugnant to the Laws of England & the trust 
comitted to me by their maties Lrcs. patents. 

' M' Speaker. May it please the Governo', Wee hope ther will be 
a good agreement, and we will endeavour to give satisfaction to the 
king and queen's demands, and the Governor's desire. Wee are readie 
to show our good affection. 

His Exxell. I am glad to hear that you are soe well inclined, and 
that you have gott over that rubb that was in the way ; you shall all- 
wayes find me according to my word, and I wold have everie man 
soe. Therefore, putt away all jealousies, that wee may go on cheer- 
fullie and Unanimouslie in those affairs for which you are Cheiflie 
Concerned, without loss of time. 

John White. May it please the Go'' to give me leave to speak one 
word : There is one thing more which may have escaped the Speaker's 
memorie, and that is, To ask thee to grant that when there doth arise 
anie doubt or question amongst us, The Go' will grant us that some 
of the Councillors maybe appointed to Conferr upon such doubts and 
questions as may arise. 

His Bxcell. M' White, Its not a man of words, noise and con- 
tention, that I affect, but a man of sense, gravitie and discretion, that 
knows how to propose things in due time and manner: When there is 
occasion to resolve anie doubt or question, or to explain anie misun- 
derstanding, When I shall be made acquainted yrof by the Speaker, 



PROVINCIAL COUNCIL. 369 

I shall be allwayes readie to appoint a Comittee of the Councill for 
that purpose. 

M' Speaker. May it please the Go' to excuse this man, for it was 
discoursed of some time this day in our house, though if I remember 
right, it was not given me in charge with the other things when I 
came outt. 

His Excell. It is well, M' Speaker. Gentl., I wold have you to 
make what dispatch you can of what I have given you in charge. I 
hope ther will be a good understanding betwixt us. I wish you well. 

The Speaker & representatives withdrew. 

Adjourned till morrow morning, eight a Clock. 



[18'" May, 1693. 

Att a Councill held at Philadelphia on Thursday the 18'" of May, 
1693. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'., Lt. Governo'. 

Andrew Robeson, "i William Salwa)'-, "J 

Rob' Turner, V Esq". William Clarke, I Esq". 

Lawrence Cock, y Geo. fforman, J 

His Excell. sent M' Jamison to the house of representatives with 
the Copie of their vote, which they delivered to his Excell. Last night, 
and desired to know if they had anie thing to otferr this forenoone. 

Two of the representatives from their House did signifie to his Ex- 
cell, that they did beleive there will be nothing to offerr this forenoone, 
and desire a List of the acts which the Go' did mention Last night 
to be repugnant to the Law of England. 

His Excell. did say: I am no Clark; you have the Laws amongst 
you; What I have by me is only some minutes which I have extracted 
outt of yo'Law book, for the help of my memorie; But I will remove 
all excuse for delay: You shall have it; pray let ym dispatch. 

The List and number of Laws wer Immediately given them. 

Adjourned till 4 a Clock afternoon. 



[22" May, 1693. 

Att a Councill Held att Philadelphia on Moonday the 22'' of May, 
1693. 



present: 
His Excell. BENJAMIN FLETCHER, &c. 
Andre\ 
Rob* 
Pat. 



drew Robeson,! Lawrence Cock, 1 ^^ » 

y Turner, Usq". Wm. Clarke, f^'^ ' 

. Robmson, J J 



370 MINUTES OF THE 

His Excell. did signifie that the delayes of the Assemblie did wearie 
him, their Maties' aHairs calling for his attendance else where, and 
desired their advice whether hee should send to them or not. It is the 
opinion of the Councill, that his Excell., if he think convenient, may 
send to them to know if they will Have anie thing to offer this evening 
<k to desire them to dispatch ; Which was ordered accordinglie. 

Adjourned till eight a Clock morrow morning. 



[23" May, 1693. 

Att a Councill Held att Philadelphia on Tuesday the SS" of May ,1693. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'., Lt. Governo'. 

Andrew Robeson,^ Lawrence Cock,^ 

Robert Turner, )>Esq". Wm. Clarke, ^Esq". 

Pat. Robinson, J Geo. Forman. J 

His Excell. did order M' Jamison to wait upon the House represen- 
tatives, and tell M"" Speaker that it's now the 9'" day of their sessions 
& Little or nothing done, (other assemblies have dispatched more 
business in Less time,) To know if they have prepared any bills, and 
once more to desire their dispatch. 

The Speaker made ans': That they wer dispatching. That the 
Governor must not take it amiss that they are so tedious, being putt 
outtof their old methods. Formerlie the Councill did prepare the Bills 
& send ym to the representatives for their assent, and now it is putt 
upon ym to prepare ym. That they are now agreed of something 
concerning their Laws, which they believe they shall offerr to the 
Go' this morning. 

Resolved, It is convenient to demand the Rolls of the former Laws 
from the late M' or keeper of the rolls of this province by two of the 
members of Councill. 

Ordered, That Andrew Robeson and Wm. Clark, Esq", doe demand 
of the late M' or keeper of the Rolls of this province, That forthwith 
hee either bring or send the rolls of the former Laws of this province 
to the Councill board. 

His Excell. did send M' Jamison to the representatives, to Inquire 
if they had anie thing to offerr this forenoone, or when they would. 

The Speaker's ans' was, That they wer running over the body of 
Laws, & making alteraons as they could agree, & believed nothing 
wold be offered this forenoone. 

Adjourned till 4 a clock afternoon. 



PROVINCIAL COUNCIL. 371 

POST MERID. 
The 23* May, 1693, 4 a clock afternoone. 

PRESENT : 

His Excell. BENJAMIN FFLETCHER, &c. 

Andrew Robeson,^ iir c i "^ 

RnhPrf TnrnP. 1 _ Wm. Salway, 



Pat: Robinson,' ^^^^"- Wm. Clarke, >>Esq". 

' Geo. forman. 



Robert Turner, . y^ _ 
' b>LiSq" . 

Lawrence Cock, J """• *"^"''*"' J 

His Excell. in Councill, Having tarryed two hours, did Order M' 

Jamison to wait upon the house of representatives to know if they had 

any thing to ofller wt'in this halfe houre. 
M"' Speaker ansred, that they only tarryed for their Clark, who 

wold verie soon have done with his writting. 
Adjourned to 8 a Clock morrow morning. 



[24"- May, 1693. 

Att a Councill Held alt Philadelphia on Wednesday the 24"" of May, 
1693. 

present: 
His Excell. BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'., Livet. Governo'. 

Andrew Robeson,"^ -tir-ii- o i "1 

T> V . -r ', William Salway, 

Kobeit 1 urner, !^ „ ,,,.,,. p,, , -^ It:, » 

Pat. Robinson f-^^^ ' Wilham Clarke, ^Esq". 

Law. Cocke, J Geo. Forman. j 

Andrew Robeson & Wm. Clark, Esq", did return. That in pursu- 
ance of the order of Councill yesterday, they did demand of M' Loyd, 
Late M' of the Rolls, either to bring or send the rolls of the former 
laws of the province to the Governo' and Councill, And that his ans' 
was : That hee never did enroll anie Laws ; there was not, nor hath 
hee ever had anic warrant for soe doing. 

The door keeper told his Excell. that a messenger from the house 
of representatives comes to know if the Go' be readie to receive ym, 
who was ansred that his Excell. hath been readie these two hours. 

M' Speaker and the House of representatives being present, M' 
Speaker said : May it please the Go' to excuse our delayes, for wee 
are putt upon new methods, which wee are not yet acquainted with, 
& are not negligent nor disrespectfuU to the Governo' : Wee have had 
about 200 Laws to review : Wee have now brought thee a Bill, which 
Avee desire the Governo' will be pleased to pass into an act. 

His Excell. What is the title of it ? 

M' Speaker Read a direction to the Governo', with his titles. 

His Excell. What is the substance of it ? 



372 MINUTES OF THE 

M' Speaker. It is our desire that the Governor wold Confirm our 
former Laws to us. If the Governor please to give me Leave to read 
it. Granted. 

To Benj" Fletcher, Cap'. Generall and Governor in Chief in and 
over the province of pennsilvania and Countrey of Newcastle, die. 

Wee, the freemen of the sd province &; Countrey in generall assem- 
bly mett, Humblie Shew : 

That wheras, the Late king Charles the 2^, in the 35'* year pf his 
reign, by his letters patents under the great Seal of England, did for 
the consideraon therin mentned, grant unto Wm. Penn A; his assigns, 
this Colonic or tract of Land, thereby erecting the same into a pro- 
vince, calling it pennsilvania, and Constituting the sd Wm. penn 
absolute proprietarie of the sd province ; (saving amongst other things 
the soveraignty therof;) Therby also granting unto the sd Wm. 
penn, his deputies or Livets, by virtue of the said Royall charter, full, 
free, &, absolute power, by and with the assent of the freemen of the 
sd province, to make, enact and publish any Laws whatsoever, for 
anie end, appertaining either to the publick state, peace or Safetie of 
the sd. Countrey, or unto the private utilitie of particular persons, 
according to their best discretion ; Which Laws, so as aforesaid made 
and published, the sd Late king did by the same enjoyn, require & 
command, should be most absolute aud available in Law, and that 
all the Liege people and subjects- of the said Late king, his Heirs & 
Successors, should observe and keep the same inviolable in these parts ; 
But that the Laws for regulating & governing propertie within this 
province, and Likewise as to felonies, might be & continue the same 
as they should be for the time being, by the generall Course of the 
Law of England, Untill the said Laws should be altered by the sd. 
Wm. penn, and by the freemen of the said province, their delegates 
or deputies, or the greater part of them : And to the end the sd Wm. 
penn or the inhabitants of this province, might not att anie time ther- 
after, by misconstruction or colour of the powers aforesaid, or by pre- 
tence of the said Laws therafter to be made, should thorou inadvertencie 
or design, depart from that faith or allegiance which by the Laws of 
England they and the king's Subjects in his dominions allwayes owe 
to him, his heirs & successors, Hee, the said Late king, did by his sd 
Lres patents, declare it to be his will & pleasure, that a duplicate of 
all the Laws soe as aforesaid made & published, should, within five 
years after the making therof, be transmitted and delivered to the king's 
privic Council for the time being; and if anie of the sd Laws within 
the space of six Mo's. after, (by the said king, his heirs or Successors, 
or his or their privie Council!,) inconsistent with the Soveraignty or 
Laull prerogative of the sd king, his Heirs &■ Successors, or contrarie 
to the faith and allegiance due to the Icgall government of England 
from the said Wm. penn, or the planters and Inhabitants of the said 
province, and that therupon any of the sd Laws wer adjudged and 
declared to be void by the said king, his heirs & successors, under 
his or their privie seal, That then, and from thenceforth, such Laws 
concerning which the sd Judgment and declaraon wer made, should 
become void, otherwise the Law so transmitted should remain and 



PROVINCIAL COUNCIL. 373 

stand in full force, according to the true intent & meaning therof ; By 
virtue of which Letters patent, & pursuant to the powers, provisoes and 
restrictions therin specified, divers reasonahle and wholesome Laws 
wer made, transmitted & presented to the said king and privie Coun- 
cill : And wheras, the king and Queen that now are over England, 
die. by their Lrcs patents, under their great Seal, dated the 21"' of 
Octobr, in the 4"' year of their reign. Having for the reasons therin 
mentioned, taken the governmt of this province and Countrie into their 
owne hands, & under their Immediate care & protection, did tfiink fitt 
to constitute and appoint thee, the sd Benjamin Fletcher, lo be their 
Cap". Generall & Governo'' in Cheife in and over the same, Thereby 
Requiring thee among other things, to doe &l execute all things in due 
manner that shall belong to thy comand & the trust reposed in thee 
by the sd king & Queen, according to such reasonable Laws & statutes 
as then wer in force, or therafter should be made & agreed upon by 
thee, witli the advice and Consent of the Councill &; Assemblie of this 
Countrie. 

Now, forasmuch as the Laws of this goverm' soe made & transmit- 
ted as aforesaid. Have not been hithei-to adjudged or declared, (either 
by the Late king & Councill, or by his Successors, the sd king & 
(iueen, & their Council, under his or their privie Seal,) to be void, soe 
that such of the sd Laws as wer not discontinoued or repealed by the 
Legislative authoritie of this goverm' are still in force. And seeing it 
hath pleased the king & Queen so tcnderlie to regard the happie 
goverm' and comfort, as well as protection of this province & Countrie, 
as to Conserve these our Laws and Constitutions, so fittlie accommo- 
dated to our circumstances, with respect to tender Consciences, as welt 
as Commerce and Cultivation, Wee can doe no Less tlian with grati- 
tude & sinceritie acknowledge their Royall bountie and peculiar favour 
therin, Earnestlie desiring that thou wold be pleased, according to the 
Tenor and most favourable direction of thy commission, to govern us 
& Cause the administraon of Justice within this governm' to be agreea- 
ble with these following Laws, which are now in force, as aforesaid. 
Viz: 

The first Chapter of Laws, concerning Libertie of Conscience. 

The 2d, concerning the qualificaons of members of Assembhe. 

The 3d & 4th, agt. Swearing. 

The 5th & 85th, agt prophane speaking. 

The 6th, against Cursing. 

The 7th, against adultery. 

The 8th, against Incest. 

The 12th, 83d & 169th, agt drunkennes & drunkards. 

The 14th, agt drinking Healths. 

The 20, agt Rioters. 

The 22d, agt Menacing of Magistrats. 

The 24th, agt assaults. 

The 26th & 27th, agt rude sports, plays & games. 

The 30th, agt Spreaders of false news. 

The 35th, about the dayeg of the weeks & Mo's. 



374 MINUTES OF THE 

The 37th, about jjlcadings in English. 
The 30th, 123d &. 150th, about Fees. 
The 42d, 74th &; 167th, about arrests. 
The 45th & 46th, about wills. 
The 54th, about prisons. 
The 56th, about the manner of punishment. 
The 5yth, about Taxes. 

The 66th, about Summons & Court proceedings. 
The 75tli, agt Barrctors. 
The 77th, about Orphans Court. 
The 80th, about 7 \ears quiet possession. 
The 82d, about Counterfittings hands or Sealls. 
The 90th, about taking away boats orCannocs. 
The 11th, Against polygamy. 

The 13th, agt such as sulFer drunkennes in their houses. 
The 17th, agt breaking into houses. 
The 19th, agt forcible entrie. 
The 21st, agt menacing parents. 
The 23d, agt menacing M"* Mrises. 
The 25th, agt Challenging to fight. 
The 28th, agt Sedition^ 
The 31st «fc 121, agt scolding. 
The 31st, about trialLs by 12 men. 
The 4 1 st, about defalcation. 
The 43d, about verball contracts. 
The 50th, agt defacers of Charters. 
The 53d, about goalers. 
The 55th, about felse imprisonment. 
The 58th, about free elections. 
The 64th, about Libertie & propertie. 
The 72d, ag' derogators of Judgments of Courts. 
The 74th, about making debtors pay by Servitude. 
The 79th, about acknowledging deeds in Court. 
The 81st, about Countio Sealls. 
The 84th, about Vending pype slaves. 
, The 91st & 184, about fences. 
The 94th, About fyring the woods. 
The 96th, About Hog-stealing. 
The lOlst, About the house of Correction. 
The l()8th. About departure out of the prov. 
The 114th, About buying land of ye natives. 
The 119th, About binding to the peace. 
The 125, About assigning bills & spetialtics. 
The 131st, About shipwreck. 
The 134th, About passes. 
The 136th, About attatching «fe passes. 
The 138th, About trucking wt servants. 
The 146th, About sunions of Juries. 
The 164th & 165, about robbing & stealing. 
The 166th, About appraisers. 



PROVINCIAL COUNCIL. 375 

The 177th, About Juries not appearing, 

The 178th, About removing Land marks. 

The 1 83d, About tannd Leather. 

The 188th, About the sale of intestates' Land by the widow or 
adm' . 

The I90th, About the dyke at New castle. 
, The 199th, About rangers. 

The 201st, About the registrie keept by religious societies. 

The 203d, Concerning the Surveyo'' generll's fees. 

The lOOd, About Cart wayes. 

The 102d, About weights & measures. 

Tlie 118th, Ag' murder. 

The 120th, About fornication. 

The 126th, About bills of exchange. 

The I32d, About trusting mariners. 

The 134th, About selling servants out of the province. 

The 137th, About Harbouring servants. 

The 157th & 180, about runaway sonants. 

The 144th, lor Countrie produce to be Curr' pay. 

The 149th, about exporting horses. 

The 156th, about monthlie Courts. 

The 169th, about Licenses for ordinaries, and ag' disorders in ale- 
houses. 

The 181st, about debts payable in Country produce. 

The 187th, about Usury. 

The 189th, About taking Land in execution for debts, &c. 

Tiie 194th, Ag' wittnesses refusing to give evidence, being sumoncd. 

The 200d, About determining debts under 40s. 

All which said Laws and Chapters, & everie part yrof, Wee Hum- 
blie desire that thou will be pleased to cause thy officers & ministers to 
observe and putt in due execuon, as the}- tender the Honour of God, the 
king's Comands, the prosperitie of this government, and the rights and 
Liberties of the free people therof Signed in behalf of the House. 

JOS. GROWDON, Speaker. 

His Excell. M'' Speaker, Leave it with me. This is a tedious bussines 
and all to no purpose: where are the rolls of these Laws? You have 
brought me no Bill ; And I am informed that these Laws wer never 
transmitted to the king, nor confirmed by him. This is now the tenth 
day of your sessions, & all you bring me is a List of titles. 

M' Speaker. I doe conceive Some of our Laws wer enrolled Sc 
presented to the king, & the king and Queen doe allow that wee have 
reasonable Laws, in the Go" Comission. 

His Excell. You have the Queen's Letter with you for a supply 
towards your defence, and I doe not see that you have done anie thing 
in Complyanco therwith. I must begone and Leave you. Since I 
find you have no regard to their Maties' interest. I must give their 
Maties an accompt of the truth as I find it. 

M' Speaker. May it please the Go' not to be offended with me- 
There mi2;ht be a mistake of the Clarke in writting a word in the 



3.76 MINUTES OF THE 

votes the night before Last, wher the house had under consideraon 
to give some Monie to the Late deputy Governo'' Lloyd & to Go'' Mark- 
ham, and the remainder to the Governo\ It was no disrespect to the 
Gor. that the Governo"^ was Last named. 

I lis Kxcell. M' Speaker, I never took notice of anie personall 
abuse of that nature; you mistake me if you think me of the opinion 
and humor of some that have been Latelie in authoritie here, to use 
the power and dignitie their Maties have conferred upon me, above 
other men, in a personall abuse. I did not take anie notice of it, 
some others that see them were pleased to doe. I come here to serve 
their Maties by their Command; am Concerned to see the time goe 
away and nothing done. 

M' Speaker. May it please the Governo'', John the Baptist camc 
betbr Jesus Christ, and yet hee said hee was not worthie to Untyethe 
shoes of him that cometh after; wee doe not think that either the Late 
deputy Go'' or Livet. Go'' Markham is neer so great as the Governo''. 
Thou must not therfore take it amiss of us, for wee truelie honor thee, 
it will take care to ans'" the king & Queen's demands. Governo'', 
ther was a Remonstrance which wee did offer formerlie to the Go- 
verno'', and the Governor did reject the same; wee have made some 
alteraon & doe now ofTerr it. 

His Excel!. You are mistaken that I did reject it. I did onlie ad- 
vise you as yo"" friend, to withdraw it, having used some scurrilous 
terms, as false suggestions, &c., which might no wayes tend to yo' in- 
terest, but hurt when seen att Whitehall ; you may read that. 

To Benj" Fletcher, Esq'., Captain Generall & Governor in Cheif 
in and over the province of pennsilvania and Countrie of New- 
castle, &c. 

The Remonstrance of the freemen of the said province and Coun- 
trey, in Assembly mett. Humbly Sheweth : 

That having with all dutiefull respect read and Considered the Go- 
vernor's answer to our address this morning, Wee in ansr. therunto, 
with submission say: Wee conceive that our desires wer not grounded 
on mistakes in relation to the proprietor's absence ; But as to the other 
clause mentioned by the Governo'' of their maties asserting their Un- 
doubted right of Governing their subjects in this province, &c.. Wee 
with all readines and Cheerfullnes own accordinglie to be the right of 
the king & Queen, whois prosperitie and happie reign wee hcartilie 
desire. 

And as to other reasons rendred for the superseding our proprie- 
tor's governancie; Wee apprehend they are founded upon Misinforma- 
tions ; for the Courts of Justice wer open in all the Counties of this 
governmt and Justice duely executed, from the highest crimes of Trea- 
son & murder to the determining the Lowest diilerence about pi'o- 
pertie, befor the date orarrivall of the Go'' Comission. Neither doc 
wee apprehend that the province was in danger of being Lost from 
the crown, although the government was in the hands of some whois 
principles arc not for vvarrs. And wee Conceive that the present 



PROVINCIAL COUNCIL. 377 

govcrnancie hath no opposition, (with respect to the king's govern- 
ment here in general!,) to our proprietarie, Wm. penn's, tho' the exer- 
cise of thy authoritie att present supersedes that of our said proprie- 
taries. Nevertheles, wee readily own thee for our Lawfull Governo', 
saving to ourselves and those whom wee represent, our and their just 
rights & priviledges. Signed on behalf of the house. 

JOS. GROWDON, Speaker. 
17'" of 3^ Mo., 1693. 

His Excel!. Gent!., Tlie word (misinformation) is verie Unman- 
nerly; their Maties are not misinformed. I could now wisli you had 
offered no such thing: notwithstanding your positive assertion of mis- 
information in relaon to the goverm' of this place, I doe affirm that 
manie and most of yo'' Laws are not Consonant to the Laws of Eng- 
land, nor have they been dulie executed: some Criminalls have Lain 
years in prison for want of execution, &, manie Instances can be given. 
I find tlae province in no Securitie. It is obvious to anie discerning 
man, that Less than 500 Souldiers may reduce it in as Little time as 
they can march through it. If it should please God that their Ma- 
ties' forces (as I hope) have taken Martinicoe, Wee must expect that 
such a great prince as the king of France will endeavour a Repri- 
sal!, unles wee can beat him outt of paris. It will goe hard witli 
liim l)efore he putt up such an aflront, and he will allwayes make his 
first impression where there is Least defence. Nevertheless, I will 
doe anie thing in my power for the renovation or Confirmaon of anie 
Laws that are consonant to the Laws of England. I will Consider 
and advise with the Council! concerning this paper of titles. In the 
meantime, I will desii-e you to goe on with the other affairs: I would 
have you to dispatch the selling the post office; It is a Comon good to 
everie one, and will save us the charges of sending expresses to our 
nighbouring provinces : also, the act ag* privateers, which none can 
object against. 

M' Speaker and the Representatives did withdraw. 
Mis Excel!, with advice and consent of the Council!, ordered M' 
Jamison to tell the Speaker in the House of representatives, tliat they 
have considred wliat they did ofPerr this day in Council! Concerning 
Laws. That his Excel!, was readie to pass anie Laws not repug- 
nant to the Laws of England ; That this is the tenth day of their 
sessions, and what is ottered is onlie a List of titles. It cannot be 
expected that his Excell. can goe blindfold to order the exucuon of 
Laws that doe not appear to him; Therfore, desires they will send 
him the rolls of these Laws they have mentioned, and whether they 
doe proceed upon the post-office and bill a g' privateers, or when they 
doe intend to proceed. 

M' Jamison returned in ans', : That the house was adjourned for 
an houre, and were gone to inquire of the M' of the rolls for the Laws. 
Adjourned till 3 a Clock afternoon. 



32* 



378 MINUTES OF THE 

POST MERID. 
3 a Clock afternoon, the 24* of May, 1693. 
peesent: 
His Excellency BENJAMIN FLETCHER. 
Wm. Makkham, Esq'., Leivt. Governo^ 

Andrew Robeson, "j Wm. Salway, 1 

Rob' Turner, [.Esq". Wm. Clarke, [.Esq". 

Pat. Robinson, J Geo. forman. J 

Ordered, that M"' Jamison doc deliver his former Last message, and 
doe ask M' Speaker to return his Excell. Copie of his Comission and 
bring it with him. 

M'' Speaker made ans'', That they have examined and find but some 
roils. That Livet. Governo' Markham was Secretarie, and he hath a 
book of Laws which they have much regard to, and also, that they 
did believe they might find with him the original bills; they have 
now sent some of their House to Inquire for ym, whom they expect. 
It were hard to suppose that these Laws they have acted by should 
be void, for the officers neglect in not enrolling them. 

M'. Jamison replied : That his Excell. did not blame this House for 
the want ofthem rolls, nor mean to charge any person with the ne- 
glect att present ; but that his Excell. conceives that these Laws 
might have by this time been got readie in new bills, to be offered ibr 
his sanction, that they may be enrolled for their use. 

M"" Speaker said: He believed their Laws wer good, notwithstand- 
ing the officers neglect. 

M"^ Jamison said : His Excell. did order him to enquire if they did 
proceed upon the post office and Bill ag' privateers, or when thev 
intended to proceed. 

M'' Speaker ansred : That the Bill for the post office was once read 
in their house, and hee found no objection ag' it amongst the mem- 
bers. 

M'' Jamison said: His Excell. does expect that M' Speaker will 
send back the Copie of liis Commission. 

M' Speaker answered, that the Go' had asked one of the members 
of the house for it formerlie, but that att the time liee had foro-ot to 
mention it in the house: it should be returned. 

M' Jamison said: His Excell. doth expect that I bring it along with 
mee. 

M' Speaker: it shall be returned by those who shall bring up the 
Laws. 

Edward Bleake, Samll. Carpenter, david LLoyd and John White, 
from the house of Representatives, came with a book of Laws to his 
pjxcell. and Councill, and did offer it as a true Copie; That they did 
beleive Livet. Governor Markham and some others of the Councill 
could inform the Governo' that of their certain knowledge these wer 
the Laws they had proceeded by in the governm', and desired that a 



PROVINCIAL COUNCIL. 379 

Comittee may be appointed to Conferr with a Comittee of the repre- 
sentatives concerning those Laws that wer returned in the List of ti- 
tles given in this day. 

His Excel), told them, Hee could take no notice of that book unless 
it wer attested for a true Copie by the Go', secretarie, or M' of the 
Rolls : these scripts of paper are handed about from one to another, 
and everie one may alter them att pleasure. 

M' Lloyd. May it please the Go'', I did see some of those Laws, 
& doe know that they wer delivered in to the privie Councill by M' 
penn; & being nowayes disallowed, they must needs be of force. 

His Excell. This is the first time I have heard of that, nor doe I 
conceive it to be true. By the king's Lres pattents, yo"' Laws are 
to be made, ordained & published under M' penn's seal, & these con- 
dions are not performed : you cannot produce me one Law soc en- 
acted. 

John White. May it please the Governo', wee are but poor men 
& of inferiour degree, and represent the people, and wee cannot have 
the boldness to say to the Go'' freelie, becaus thou art soe farr above 
us, & putts an awe upon us. Wee wold willinglie be resolved of this 
point, that wee may be readie to doe the other part which perhapps 
may be ended in hours & not take up dayes ; But it's hard that all our 
proceedings in Courts of Judicature, &c. are grounded upon no found- 
ation, having no Law, then consequentlie void, & all for want of 
forme. 

His Excell. That may be easilie Salved with two lines of an act, 
which I will readily pass. 

M' White. May it please the Governo' to heare me speak the truth 
of the matter. This is our difficultie: Wee durst not begin to pass 
one bill to be enacted of our former Laws, Least by soe doeing wee 
declare the rest void, & of no force nor validitie, which will be of 
dangerous consequence; and therfore, wee desire to ha at some Cer- 
taintie in this matter: If wee can get over it, I hope wee shall quicklie 
come to a period, and therfore desire a Committee may be appointed 
f(i Conferr with us upon our doubts and objections. 

Ordei-ed, Wm. Markham, Esq'., Livet. Governo', Andrew Robe- 
son, patrick Robinson, Wm. Salway and Wm. Clark, Esq'^., be, and 
they are hereby appointed a committee of this board, to join a Comit- 
tee of the house of representatives, 'to Concerte of the paper contain- 
ing the List of titles of Laws delivered liis Excell. by the Speaker this 
day, and to advise what may be proper to remedie the former neglects 
& remove the doubts that have arisen amongst the representatives upon 
his Excell. ans'' to the sd paper. 

Ordered, that George Forman, esq', doe carrie a Copie of this order 
to the liouse of Representatives, and desire that the Speaker will ap- 
point a Comittee of that house to join the Comittee of the Councill att 
the house of Coll. Markham, at 8 a Clock morrow morning accord- 
inglie. 



380 MINUTES OF THE 

[25"^ May, 1693. 

Att a Meeting of the Comittee of both houses att the hous of Livet. 
Governo' Markham, on Thursday the 25"" of May, 1693. 

present: 
WM. MARKHAM, Esq'., Livet. Go'. 

OF THE COUNCILL. 
Andrew Robeson, ? -p, „ William Sahvay, ? p « 

Patrick Robinson, 5 ^' William Clarke. ^ 

REPRESENTATIVES. 

Joseph Growdon, David Lloyd, James Fox, 

John White, Sam" Carpenter, John Brinkloe, 

Edward Blake, Cornelius Empson, John Swift. 

Livet. Governo' Markham. Gentl., You have desired a Comittei^ 
should be appointed to concerte with you upon some objections and 
doubts arisen upon the paper Containing the List of titles of Laws, 
& his Excell. answer therunto, for which reason wee are now mett. 

M' Speaker. Wee have manie reasons to believe that our Laws 
are of force, but shall only mention this ; That these manie years 
wee have exercised the government by these Laws, & are in the 
enjoyment of them ; Wee know them to be our Laws, and wee know 
& can prove that Wm. penn caried the greatest bodie of them to Eng- 
land, & conceive they wer delivered to the king, and never declared 
void : and as to the rest of our Laws, the time Limited in the Letters 
patents for transmitting of them is five years, which is not yet expired ; 
and as to yo' objection that they are not enrolled and und' the Seal of 
the proprietarie or his deputie, wee say that is not necessarie to the 
making of Laws, but they are onlie Ceremonies, and you have been 
active as well as wee in executing these Laws, tho without the Seal, 
and therfore, wee pray they may be allowed to be of force as our 
right. 

M' White: all the Laws that wee pretend to are 203, wherof 174 
wer made while the proprietarie, Wm. penn, was here in person. 
Wm. penn had sufficient power to make these Laws, and Livet. Go- 
verno', You wer present att the making of ym, and if any thing wer 
amiss you are concerned. 

Livet. Governor. I was present att the making of them all. 

M' White. AH except about twelve or thirteen. 

Livet. Governor. I was not secretarie all that time when the Laws 
wer made, but alt the making of a icw of them. 

M' White. Those Laws were caried home to England by Wm. 
penn, and by him presented to the king, or his privie Councill, which 
wee are readie to prove, and the king did not within six months declare 
them to be void ; Therfore, they are our Laws, and wee have had 
the peaceable exercise and enjoyment of them; and some of you that 
nre of the Comittee of tho Councill have sitt upon the Bench, and 
given Judgment of death by these Laws ; wee are in the posession 



PROVINCIAL COUNCIL. 381 

of ym & say they are good and of force. Wee desire you to prove 
that they are not good. 

Livet. Governo^ Wee arc not to prove the negative, you are to 
prove the affirmative, becaus you produce none. 

M'' White. Wee have our Laws here ; And wee now put it to the 
Livet. Governor to say whether hee hath not the originall bills of these 
Laws in keeping, as formerlic secretarie of this province. Wee are 
willing to have them compared with these bills; wee know ym to be 
true Copies ; wee are readie to prove that they wer passed into acts. 

Livet. Governo^ I owne that I have the Bills by me, and doe be- 
lieve that book maybe a true Copie, and all which you have alledged 
may be answered in one word, but goe on and say what you have to 
say. 

M'" Lojd. That is all wee desire, if these be the Laws that wer 
enacted ; Wee came not here to dispute the forme and validitie of the 
Laws by the want of a seal, or their not being Lcgallie published; 
But whether these be the Laws or not that wer made and published, 
which you confess ; Soe the matter is att an end. 

Livet. Governo''. Have you anie more to ofterr. 

M"" Speaker. Doe you call us in question by what authoritie wee 
doe use these Laws, when you have jointlie along with us executed 
them ? 

M'' Lloyd. Who can be Judge whether these Laws be in force or 
not. None can be Judges but those that made them, since ther is no 
order from the king and Councill declarring them void; wee desire 
that they may be putt in execuon. It wer hard that the want of the 
affixing a Seal, or some such other Ceremonie, should destroy our 
Laws ; And if wee allow this att present wee must expect it for the 
future. That everie new Governor, finding fault Avith some omission 
or another in the making or publishing of our Laws, will declare them 
void, which is of evill Consequence, and wee doe not know that ever 
wee shall have more Laws. 

Livet. Governor. Have you anie more to offerr. 

M' Speaker. Wee have, But this may suffice att present ; Saving 
to our Selves the making farther ans'' and defence when wee shall hear 
what is offered ag' our Laws being in force. Which wee desire to hear. 

Patrick Robinson, Esq'. Gent!., You have desired his Excell. to 
Cause the officers to putt in execuon the Laws contained in this List, 
and have made a Large preamble or Introduction to this desire, wher- 
in you have been Unfair in repeating the words of the Charter. In 
your paper you say: ["also granting unto the said Wm. penn, his de- 
" putie or Livets, by virtue of the said royall charter, full, free & 
" absolute power, by and with the assent of the freemen of the said 
" province, to make, enact and publish any Laws whatsoever, for 
" anie, and appertaining either to the publick state, peace, or saftie 
" of the said Countrie, or unto the private utilitie of particular per- 
" sons, according to their best discretion."] Whereas, the 4"" para- 
graph of the Letters patents is in these words: ["And for as much 
" as wee have hereby made and ordained the aforesd Wm. penn, his 



882 MINUTES OF THE 

" Heirs and Assigns, the true and absolute proprietors of all the 
" Lands <fe dominions aforesaid ; know yee therfore, that wee, reposing 
" special! trust & confidence in the fidelitie, wisdom, justice and pro- 
" vident circumspection of the said Wm. penn, for us, our heirs and 
" Successors, doe grant free, full and absolute power, by virtue of these 
" presents, to him & his heirs, to his and their deputies and Livets, 
" for the good & happie government of the said Countrie, to ordain, 
" mal^e & enact, & under his and their Sealls to publish anie Laws 
" whatsoever for the raising of Monie for the publick uses of the said 
" province, or for anie other ends appertaining either unto the publick 
" state or safety."] Where it is plain that your Laws ought to be pub- 
lished under some seal, either of Wm. penn, or of his deputie or Livet., 
which is the defect you now lye under, and wold Conceale. None of 
those Laws (you desire may be putt in execuon) wer ever SOE pub- 
lished, nor are lo be anie where seen or found, nor is there anie stand- 
ard of such Laws to be produced to his Excell. for his approbation. 
You have books of Laws, & so have I, but they are not attested by 
any officer for true Copies, and there are not any originall rolls under 
seal to compare them with. Which is manifest to you all. You doe 
Likewise alledge that the greatest bodie of Laws wer transmitted & 
presented to the Councill by M' penn, which is a doubt. But if they 
wer, it will signifie nothing ; for as they are to be published under 
seal, so also wer thev to be transmitted under seal : paragraph 7""; 
[" Our further will and pleasure is, that a transcript or duplicate of all 
" Laws which shall be Soe as aforesaid made and published within 
" this province, shall, within five j'^ears after the making therof, be 
" transmitted & delivered to the privie Councill for the time being, of 
" us, our heirs and Successors ; and if anie of the sd Laws within 
" the space of six mo's after that they shall be soe transmitted & de- 
" livered, &c."] (Soe transmitted) is under seal Soe as published, and 
if never published under seal, consequentlie never soe transmitted. 
You must not think to claim that of right wch is meer grace. 

Their Maties are tender of their Honour and interest in forreign 
plantaons, and take care to prevent their alienaon from the Crown, by 
appointing such methods of governm' in their Letters pattents as may 
be most for their preservation, which they expect shall be punctuallie 
observed. The Seal is the soule and Life of the Laws, as you find 
by the charter, and was never affixed to them, or anie of them. Wee 
are readie to hear you offerr anie thing to the contrarie. Also, by 
your own confession, manie of your Laws are not transmitted, and 
manie or most of them dissonant to the Laws of England ; wheras, 
his Excell. is commanded to pass such Laws as are as neer as can be, 
agreeable to the Laws of England. 

M"^ Speaker. It is not an injunction to affix the seal, but a Leave 
of a thing given to Go' penn, as a marlcof favour, which hee may 
use if he please, but there is no obligaon to use the seal. It is onlie 
a Ceremonie ; and so sayes over again what hee said before. 

Leivt. Governo'. M' Speaker, neither does the king enjoin the 
making of Laws when hee gives the power of making them, But when 



PROVINCIAL COUNCIL. 383 

this power is exerted by you, It ought to be done in the manner the 
king directs, becaus you have not power to make ym otherwise. 

M' Lloyd and M' White repeat their former arguments, andalledge 
that the sealing is not materiall to the making of a Law, but the con- 
sent of the Governo% Councill & assembly. 

M'' Andrew Robinson. The agreement of the Governor Councill, 
and people, to the passing of a Law, is but like a deed drawn by 
articles of agrecm", which is no deed untill it be sealed and delivered, 
tho attested by the parties' hand. 

M"" White acknowledged there may be defect in the officers, one or 
other, but we cannot tell but they may be enrolled and sealed some- 
wheie or other; perhapps they may. Wee know these are our Laws, 
and wee have executed them, and it will runn us all into confusion, 
& all our acts of goverm' and proceedings in Courts of Judicature 
must be condemned, if wee allow the Laws are not of force and in 
being. 

M' pat. Robinson, de non apparentibus et non existentibus eadem 
est ratu. 

Sam" Carpenter. If now they arc our Laws I will stand by them. 
I had rather Loose all I have in the world than part with our Laws. 
M'' White. It does not appear that the Laws were to be made un- 
der the seal, onlie to be published under the seal ; therfore, they were 
made by a good authoritie, and if any thing be wanting it is not our 
fault who made them, & we ought not to sufierr by the neglect. The 
fault may be remedied. 

M' Loyd. I am surprized the members of Councill, who have 
a joint interest with us in the province, and have acted by these Laws 
and satt in Courts of Judicature, should speak ag" their validitie. Our 
priviiedges are yours. 

Andrew Robeson, Esq^, Chiefe Justice. Gentl., wee are well satis- 
fied it is so, & heartilie wish the prosperitie of the province in everie 
respect ; But it is all our duties to know the strength and Validitie of 
our Laws, that the ministers of Justice may be satisfied of the validi- 
tie of their Laws, and that they proceed upon good grounds; and also, 
that the people may be satisfied of the Justice executed, and what they 
must expect if they transgress. 

M' pat. Robinson. Gentl., His Excell the Governor has a tender 
regard to this province & the peace of the people therin ; But you 
must Likewise consider that hee must be tender of the prerogative of 
the Crown. Hee hath come hither by their maties' comands, not of 
his owne seeking. I am verie well assured that notwithstanding all 
this wee have heard in this meeting. His Excell. will goe as farr as 
may be to serve the province in bringing all to rights. His Excell. 
cannot agree to the execuon of any Law that is repugnant to the Law 
of England, therfore I wold advise you to Looke over again that List 
of Laws, and consider with yourselves what may be for your owne 
peace and benefit: I am pretty well satisfied you may order the List so 
as that his Excell. will agree that the Laws therin contained shall be 



384 MINUTES OF THE 

executed by the officers in the government, untill his excelL shall re- 
ceive orders from their maties concerning the same. But this I must 
tell you, that you must not think, to offerr that Law concerning wrecks, 
for his excel!, has a particular C omission for Vice admirall, which 
reaches this province and the three Lower Counties. 

M' Speaker. We are well satisfied to doe this; wee matter not 
the Law of wrecks; Believe that will make no rubb. Wee desire 
you will be pleased to request this of the Governo''- 



[25° May, 1693. 

Att a Counoill Held att Philadelphia on a Thursday the 25'" of May 
1693, Afternoon. 

PRESENT : 

His. Excell. BENJAMIN FLETCHER, &c. 
Wm Maekham, Esq'., Livet. Governo^ 

Andrew Robeson, ~j William Sallaway,"| 

Robert Turner, I Esq". William Clarke, j.Esq'^. 

Patrick Robinson, j Greorge Forman. J 

The Comittee of the Councill doe return, That the representative? 
appointed a Comittee to join them this day to read over the List of 
Laws, and to offerr such of them as they think convenient to his Excell. 
to order ym to be executed by the officers of the government untill 
their Maties pleasure should be further known; which, if his Excell. 
will promise to grant, they will then proceed with all expedion to the 
other bussines. 

The Councill are of opinion and doe advise his Excell. to grant 
their desire. 

His Excell. did send to the house of representatives to acquaint 
them that he was readie to grant that some Laws should be executed, 
Untill their Maties pleasure should be known, and to desire them to 
proceed upon the other affairs bcfor them wtout loss of time. 



[26'" May, 1693. 

Att a Councill Held att Philadelphia on Friday the 26"" of May, 
1693. 

present: 

His Excell. BENJAMIN FLETCHER, &c. 

Andrew Robeson, ") -r ^ n^^i- t 

11 I . rr. f T7 « Lawrence Cock, ? ^ ^ 

Robert Turner, J»Esq". r^ r « '5-Lsq''. 

n . -n X.- \ Geo. forman. S 

Pat. Robmson, J ^ 

His Excell. did send for Livet. Go' Markham, and understanding 



PROVINCIAL COUNCIL. 385 

him to be indisposed to come abroad by the gout, & desirous to have 
a full board, did adjourne to his house. 

Att the House of the Li vet. Governo^ 

His Excell. did offerr that hoe understood there was something in 
articles ag' Thomas Loyd appearing in the Minute book of assembly, 
1 689, wherin he is charged with defaults in the administration of 
Justice, Which may serve if there be occasion, to defeat their allega- 
tion that Justice was dulie executed, and ordered the perusall of the 
book. 

Ordered also, the Councill doe resolve into a Comittee this atler- 
noon, to Consider of an answer to the Remonstrance of the represen- 
tatives, which they are desired to putt in writting & return to hi?? 
excell. und' their hands, for his better informaon, being a stranger in 
the Countrie. 



POST MERID. 
3 A Clock afternoon, the 26"" of May, 1693. 

Andrew Robeson,! «7 o i ~\ 

T^ , ^ -P ' ', Wm. Salwav, 

T nil wo. torman. 

Lawrence Locke, J J 

The Committe having drawen up their answer to the remonstrance, 
doe sign it, and afterwards present it to his Excell. 
The Councill's answer to the representatives' remonstrance, philad. 

the 26'" of Way, 1693. 

Wheras, the Governor hath been pleased to appoint us a Comittee 
of the Councill to give our opinion of the remonstrance delivered to 
him by the assemblie. Wee having mett & considred the same, doe 
with submission deliver our sense. That wheras the assemblie doe 
say : That they " conceive that their desires wer not grounded on mis- 
" takes in relation to the proprietor's absence. Wee conceive it was Be- 
" caus they doe earnestlie beseech that their proceedings in Legislation 
" may be according to the usuall methods and Laws of this governm', 
" founded upon the Late king's Lres patents, desiring the same may 
" be confirmed unto them as their rights and Liberties ^" The which 
themselves have overthrown & declined, by their choosing repre- 
sentatives to serve in assemblie according to the Governor's writts, 
founded on their Maties' Letters patents, befor they did ever assert 
or insist on their former methods or frame of government. And 
wheras, they say that they " doe w' all readines and cheerfullneK 
"owne accordingly to be the right of the king and Queen." But 
they do not mention king Wm. & Queen i\lary, which wee conceive 
to be a great Omission, if not a slight putt upon ym. And wheras, 
they say that they " apprehend the reasons for the Superseding the 
" proprietor's governancic are founded on misinformations, for that the 
' Courts of Justice wer open in all the Counties of this goverm', & 

S3 



386 MINUTES OF THE 

" Justice dulie executed." Wee doe say that wee can instance in se- 
verall particulars where justice was delaj'ed, if not denyed, &, therfor 
not duly executed. And wheras, they say, that they "doe not appre- 
hend that the province was in danger of being lost I'rom the Crown." 
To which we ans", That wee doe not know of anie care that was 
taken for the defence therof. 

Andrew Robeson, William Salway, 
Rob' Turner, George forman, 

Wm. Clarke, pat. Robinson, 

Lasse Cock. 



' [27* May, 1693. 

Att a Councill Held att Philadelphia on a Saturuday the 27* of 
May, 1693. 

present: 
His Excell. BENJAMIN FLETCHER, &c. 

Andrew Robeson, ) Wm. Salway, 

Rob' Turner, V Esq". Wm. Clarke, {►Esq" 

Lawrence Cock, ) Geo. forman. 

His Excell. sent M'' Jamison to know if the representatives have 
made anie thing readie for the perusall of the Councill, to save time. 

M' Jamison returned that the house were not mett ; that some of the 
representatives there told him they wer copying out such Laws as 
they wer to offerr to his excell.; that they had imployed three Clarks, 
but that they beleived it Impossible they wold oflerr any thing this 
day; «fe that they were also proceeding upon other matters. 

Adjourned till Moonday morning, 8 a Clock. 



}■ 



[29'" May, 1693. 

Att a Councill Held att Philadelphia on Moonday the 29* of May, 
1693, Afternoone. 

His Excell. gave the board to understand that in the forenoon hee 
had sent to the house of representatives about eleven a clock, and 
there was no asscmblie mett; that the Speaker is now come to towne 
and the assembly sitting, desiring the advice of the board If it may 
te proper to send for the speaker & reprimand him for going out of 
towne w'tout leave, or to send to him and urge their dispatch. The 
(\iuncill doe advise his Excel!, to send to urge their dispatch. 

Ordered, M' Jamison doc wait upon the House of representatives, 
and tell the Speaker that his Excell. and Councill did attend on Satu- 
ruday Last, and sent a Message to them and they wer nott mett; In 
hike manner this forenoone, and they were not mett, The Speaker and 
Sundrie representatives being outt of town : That it is neither M'ar- 
rantable nor answerable for the members of assembly to goe outt of 



PROVINCIAL COUNCIL. ' 387 

tovvne without the Leave of the House, nor for the speaker without 
his Excell's Leave, during their Sessions; That his Excell. must be 
gone to morrow: That if anic thing extraordinarie shall happen in 
the fronteers during his Excell's absence, they must think to answer 
for their delayes ; and to desire to know if they will have anie thing 
to offerr this night. 

The Speaker did return in answer, that the house was adjourned on 
Saturuday to ten a clock this day ; That his house was not farr outt of 
towne; that against ten a clock hee did return & was in tovvne ; That 
thej wer putt upon new measures, the provinciall Councill having 
formerlie prepared bills ; That they were unskilled in the methods : 
They were busie, and hoped they wold have something to ofterr this 
evening, att Least they wold send v/ord how farr they were proceeded. 

Adjourned till 8 a clock morrow morning. 



[30* May, 1693. 

Att a Councill Held att Philadelphia the 30'" day of May, 1693. 



present: 
His Excell. BENJAMIN FLETCHER, &c. 



Andrew Robeson,"! ttt c i „ . 

Robert Turner, >>Esq". w""' n h?' i^Esq" 

Pat. Robinson, J ^ Wm. Clarke, t 



;■} 



Two of the Representatives did present 13 bills not signed by the 
Speaker, nor anie wayes relating to the Queen's demands and his 
Excell. desire, which wer read. 

Adjourned till 3 a Clock afternoon. 



[post merid. 

POST MERIDIEM. 
present: 
His Excell. BENJAMIN FLETCHER, &c. 

Andrew Robeson,-! ^jj,j^^^ g^^,^ 

Robert Turner, \^p ^j,,;^^ Clarke, 

Pat. Robmson, i ^ /-> v „ 

r /-.I George i'orman. 

Lawrence uock, J = 

Ordered, that Pat. Robinson & George Forman, Esq'., doe signifie 
to the House of representatives that his Excell. is surprized to find 
13 bills returned & none of them answering their Maties' demands, 
nor hath his Excell. seen one vote or minute of assembly concerning 
anie of them. None of them are signed nor passed the house in anie 
forme, Soe that nothing is done but an expcnce of time ; That they 
desire them to dispatch their Maties' affairs, which suflerr much by his 



388 MINUTES OF THE 

Excell's absence, being severall times called back to the fronteers since 
his coming hither, and must be gone to nwrrow. 

Pat. Robinson & George Forman, Esq"., did bring answer from 
the speaker, that they wer making haste ; had not mispent time ; wer 
putt upon new & unusuall methods, & desired the Governor's excuse: 
that the monie bill was almost readie. 

Adjourned till morrow 8 a clock morning. 



[31^' May, 1693. 

Att a Councill Held att Philadelphia the 31" May, 1693.. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 

Andrew Robeson,"] Wll' PI k "1 

Robert Turner, I Esq". ^ ^ *^t^ ' ^Esq". 

T ri 1 r George rorman, C ^ 

Lawrence Gock, J J 

John White and Edward Blake, from the representatives, brought 
up the former 13 bills, signed by the Speaker. 

His Excell. told them that their house had not treated him well ; 
That they had not sent the votes of their House these two nights 
by past ; That he hath not found in anie of their votes the Least men- 
tion of these bills they have surprized him withall, and desired their 
dispatch of their Maties affairs. 

John White repeated the former excuses for their delay, and told 
his Excell. that there were revolutions in government of Late, and tho'' 
they were conscious of no guilt, yet it wold be Convenient to pass an 
act of oblivion. 

His Excell. replyed. That he was sensible of a great manie ne- 
glects and abuses that wanted reformaon, particularlie their Laws not 
published under Seal nor enrolled : That hee had offered to sett them 
to rights, and to grant ym anic thing which might be consistent with 
the laws of England and their Maties Letters patents, but they have 
slighted his otferr, and had the boldnes to juslifie ymselves in everie 
thing.' 

Ordered the reading of tlic thirteen bills. The 13 bills being three 
times read, Ordered that pat. Robinson, Esq', doe acquaint tlie House 
of representatives that these bills are read over, & his Excell. expects 
what they furder intend to offerr. 

.lames Fox & Cornelius Empson, from the hous of representatives, 
brought up 18 bills Signed by the Speaker, amongst which a bill for 
erecting a post office and a bill against privateers. 

Ordered the reading of the said Bills. The Governor and Councill 
doe assent to twentie bills without amendment; five with amendments^ 
and Six wer Laid aside. 

Adjourned till 3 a Clock aflernoone. 



PROVINCIAL COUNCIL. 389 

POST MERID. 
Att a Councill Held att Philadelphia the 31'' of May, 1693, post 
meridiem. 

PRESENT : 

His Excell. BENJAMIN FLETCHER, &c. 

Andrew Robeson,^ -iir-n- o ^ ~) 

n , ^ rr. vviUiam Salwav, 

Robert lurner, ' tt. „ -wt-u- r<^ i 1 1?^ r» 

Pat. Robinson, ^^ ' Wilham Clarke, ^Esq . 

T r> 1 Lieoro-e torman. 

Lawrence Lock, J J 

John White, david Loyd, Sam" Carpenter and Edward Blake, from 
the house of representatives bring inandofferr the Bill ofsupplie for 
the government, which they say is read two times in their house, But 
not passed, and desires to know what is become of the other bills they 
have sent up ; whether they are passed or not, or what amendments 
arc made, &c. 

His Excell. Gentl., This is no bill. I will not Look upon it untiLl 
it be passed y° house & signed by the Speaker. I have sent you word 
formerlie that the speaker was to cause be wrote under each bill : 
" This bill being three times read, is assented unto by the House of 
" representatives and ordered to be transmitted to the Governo'' and 
"Councill for their assent thereunto; and then signed by order of the 
" house: his name." But this you will not follow becaus bid to doe it. 

Mr. White. May it please the Governor not to take it amiss that 
the representatives are desirous to know what is become of the other 
bills, ere they proceed to the passing of it ; They Judge it the practice 
of the Comons of England and their right, therfore pray Gverno'' 
excuse it and peruse the bill. 

His Excell. Gentl., If you did design to Compliment me with 
the sight of this Bill before it was passed yo'' house, you might have fol- 
lowed other measures. I can take no notice of it here untill it come 
signed by the Speaker & past the house. I will not Lookc upon it. 

M' LLoyd. To be plain with the Governo'", here is the Moniebill, 
and the house will not pass it untill they know what i^ become of the 
other bills that are sent up. 

M' White. May it please the Governo', The house doe not know 
but those bills the Governo'' may see Cause to Lay aside may be the 
bills they putt the greatest value upon, therfore pray thee to excuse 
it, and Condescend to them in that thing. 

His Excell. Gentl., You have not dealt faii'He by me ; you have no 
( 'andor ; you have sitt these fifteen dayes & nothing done : no vote 
mentioning those Laws ever came to my hand untill you surprize me 
with 13 bills; & again more, some of which are directlie oppositt to 
their Maties Lres patents. I came not here to make bargains nor ex- 
pose the king's honour. I will never grant anie such for all the monie 
in your Countrie. You have had her Maties Letter before you, and 
Let the house Consider what they are doing : I must be accomptable 
att Whitehall for everie thing that is transacted here in this assembly. 

33* 



300 MINUTES OF THE 

I shall be sorrie if I can be able to give you no better character; and 
in short, you must expect to be annexed to New yorke or Maryland. 
I will not Look upon the Bill untill it will be three times read &. signed 
by the Speaker. 

The Representatives did throw down another bill upon the table 
and withdrew. 

The Bill Last delivred is Concerning the estate of persons de- 
ceased, and not signed by the Speaker. 

His Excell. Ordered M' Robinson to Carie the same back to the 
house, and tell them that his excell. hath passed a bill ag' abusing 
Magistrats this day in Councill ; that they sufficicntlie abuse his 
Excell. in sending up such scripts of paper without being signed, & 
tliat they must not expect that hee will take anie notice of such. 

His Excell. sent M' Robinson and M' forman to inquire if the house 
of representatives had anie more bills to offerr ; Who in nns'' said, 
the house wer in debate whether they should send anie more bills fer 
assent Untill they heard that the other former bills were passed. 

His Excell. after Long expectation, did desire the advice of the 
board whether hee should not dissolve the assemblie, having had no 
regard to their Majesties demands for assisting New yorke. 

His Excell. ordered pat. Robinson & Geo. Forman, Esq", to wait 
upon the house of Representatives and demand of them whether they 
have complied with their Maties demands for assisting New york ; 
whether they had considred of a Quota of men or monie, or both, 
and that they return an ans' in writting, Signed by the speaker. 

His Excell. gave them the Queen's Letter, of which the Represen- 
tatives had formerlie a copie, that they might see it. 

They brought in ans' that shortlie they wold bring an ans' in writ- 
ting. 

His Excell. did demand of the Councill If they have observed him 
to take wrong measures to disoblige the representatives and make the 
inhabitants uneasie since hee came amongst them, and prayed them 
to use their freedom of speech. 

The Members of Councill did Return, That they wer admirers of 
his Excell. patience, and wer wittnesscs that hee hath taken all the 
stepps of Condescention Imaginable to gain them, and that they wer 
afraid the Countrie will be att Last Sutierers through their means. 

His Excell. gave the board to understand that hee hath sent severail 
messages to the Representatives they have done nothing to answer 
tho Queen's Lett'. They have adjourned ymselves twice this day, 
and it is now three Hours since the Last message was sent to them; 
Thcrfore, asks the advice of the board to send for them and dissolve 
them. 

Andrew Robeson Esq', made answer. That hee was ashamed of 
their behaveour to his Excell. after all that Condescention and patience 
bis Excel], hath showen to them : being putt to the vote. It is the opini- 
on of the Councill (onlieM' Sahvay excepted) that His Excell. have 



PROVINCIAL COUNCIL. 391 

patience till morrow morning, and that if they give not satisfactorie 
ans' to the Queen's Letter by 8 a Clock to-morrow morning, then to 
dissolve the present assembly. 

Adjourned till 5 a Clock morrow morning. 



[rjune, 1693. 

Att an Assembly Held att Philadelphia the first day of June, 1693, 
5 a clock Morning. 

present: 
His Excell. BENJAMIN FLETCHER, &c. 

Andrew Robeson,^! ^y^^ ^^y 

Robert Turner, ^.^ ^.^_ ^1^^,^^^ 

Pat. Robmson f ^ Geo. Forman, 

Lawrence L-ock, J 

The Councill Having sitt two hours, Ordered that Pat. Robinson,. 
Esq', doc wait upon the House of Representatives, and demand of 
them an ans' to that message concerning the Queen's Letf, according 
to promise Last night, in writting, & whether they have anie further 
Bills to offerr. 

John White and Edward Blake from the Representatives brought 
a Roll of Laws, annexed to a petition of right, which Laws the assem- 
blic doe petition may be ordered to be putt in execuon by the officers 
in the government, & a bill giving one pennie in the pound to y' 
Maties. 

His Excell. did say : Gentl., you have not dealt kindlie by mee. I 
suppose becaus you doe not know mee. However, I shall cause this 
Bill to be read, &; then send to the speaker and the whole house. I 
suppose I shall give them satisfaction. This might have been done 
five dayes agoe. 

]\r White. May it please the Governo'' not to take it amiss from 
anic particular member of the house, for as wee differ in face, so also 
in mind ; It was not delayed through anie disrespect to the Governo"' 
but that it doth take up some time to bring men's thoughts and tempers 
In agree. I hope the Governo"" will part with us in Love. 

His Excell. You may tell the house that I shall send for them so 
soon as have perused the bill. 

The Bill of the pennie in the pound read three times. Ordered pat. 
Robinson, Esq', doe call the speaker and Assembly. 

The Speaker and assembly present. 

His Excell. said : IVr Speaker and you gentl., The representatives 
of y" province, There is one bill that you have passed giving the pennie 
in the pound to their Maties, for which I am obliged to thank you. 
It wold require severall amendments, but I am in haist. I could 
wish vou had given that monie, as you call it, for support of the 



a92 MINUTES OF THE 

government of the province, by another name; It would a been more 
suteable & pleasing if you had taken some notice in the bill of the 
Queen's Letter; But I shall not insist, and as for that part yrof which 
you design for mee, I shall putt it to that use which their Maties shall 
require mee. 

(a^entl., There are Bills which are passed in Councill without amend* 
ment and approved : there are some five or six more that will want 
amendments, as that of marriages. The Councill are of opinion, 
with some of yo' house, thai it is hard to oblige persons of religious so- 
cieties diS'erent from the Quakers, should be tyed up to their measures. 

Bridges. There is a word Left outt, perhapps by the Clark's 
mistake, which is the penaltie for not working. The Councill have 
putt in twentie Shillings for a dayes neglect : I believe you will agree 
to it. I believe it wer not amiss it wer 40 shillings. 

Criminall offences. There is wanting in this Bill the Crime 
of Burglarie, which you may have easilie added. 

Cask. In the assize of Cask, It wer proper to take Notice of the 
oil Cask ; fishing with the people of New york is much improved &. 
oil makes a good return. I hope you will consider the improvement 
of it amongst you ; also, I understand there is something done towards 
that trade of oil; therfore, it cannot hurt to regulate the oil Cask. 

Recording of deeds. I wold have the preamble Left outt; It's no 
part of the Law nor adds nothing to it. 

There are severall other Laws which I could wish there wer time 
to consider of ym, but I doubt they will occasion so much debate as 
will make expence of time. There is that ag' debacherie in oflicers ; 
I am willing to pass anie Law ag' bebauchrie you can propose ; but 
there are Laws alreadie ag' those Crimes, and if they be putt in exe- 
cution will not serve. 

M"" Speaker. May it please the Governo'', Wee know there are 
penalties upon such offences ; But wee wold willinglie see that the 
highest places in governm' should be supplied with officers of most 
virtuous & exemplarie Life. 

His Excell. And I also; But it is hard for a false step, in drinking 
a cup perhapps too much, a man should be deprived of his birthright, 
which is that hee be uncapable to elect or be elected : this is too 
severe. It is the free Holders birthright as much as his name. I 
will give you Leave to banish mee outt of the governm' when you 
shall find me drunk. But M' Speaker, there are manie otlicr crimes, 
as fornication, which a man may happen to be guiltie of as well as 
drunkennes; why is not that in amongst the rest. I cannot take 
away the Subjects birthright. But if you will pass a Law for either 
Mulct or Corporall punishment upon such oflencesin Officers, I shall 
be readie to pass it. I believe if this bill You have proposed wer applied 
to this present assemblie in the strictnes of it. Wee should have but a 
thin House. There are but few men in the world but one time or 
other may be convicted of Some of these Crimes. 

Yearlie delegates. This is directlie oppositt to their Maties Lres 
patents. I will engage that while I am in the goverm' I will call an 



PROVINCIAL COUNCIL. 393 

assemblie together once a year ; But the king's affairs will not Suffer 
me to be allwayes here att a certain time. Besids, Itis their Maties 
prerogative to call assemblies as often as they see meet, and this they 
have given unto me ; I cannot part with it ; besids, where is the hurt, if 
a good assemblie should be continoued by adjournment from one year 
to another. I Love to have Honest men upon my side, and for the 
rest I doc not care where they be. 

Sallaries to the Assemblie. Gentl.,It is well, but you must also 
have under consideraon the Livet. Governor and the Councill. If it 
wer once come so farr as to have a Revenue established within this 
province upon their Maties to defray the necessarie charge of the go- 
verm', I wold show you which way it should be made use of for Sup- 
port of the officers. 

Therfore, att present I wold have you take the Livet. Governor and 
Councill und' your Consideraon, as well as the representatives. 

Ferrys, If I am well informed, are a Royaltie, and are granted to 
the proprieto'. It seems strange to me that you should incline to take 
away anie thing from the proprietor, who is yo" friend. It is but his 
right, and I cannot take it from him. I cannot pass this bill. 

PIRATES AND PRIVATEERS. The Bill which I sent you was origin- 
ally drawen up att Whitehall. I cannot pass it as you have altered it. 
There is other Laws to punish privateers, & I am Vice admirall as 
well as Governo' here. Since you did not pass it in form I shall not 
insist. I remember some of you said it was too Sanguinarie ; It can 
doe you but Little good or harme. 

And for Choosing of officers. It is a thing the king hath Lodged in 
me to appoint officers ; therfore, you must not expect it. To this 
and the other concerning delegates, I must give you a positive answer. 
I cannot pass them. 

M' Speaker desired the amendments, and was told they wer en- 
dorsed on the bills, then w'drew. 

His Excell. did sign the other Bills that wer passed the Councill,. 
and an ord' und"' the List of Laws & petition that all Justices, She- 
riffs, Constables & other officers in the province of pennsilvania and 
Countrie of New Castle, should execute, or cause the same to be exe- 
cuted, untill their Maties pleasure should be further known. 

Ordered, Pat. Robinson, Esq', doe carie down the signed roll, and 
show his Excell. Signature therunto, and desire them to return the 
Monie bill ; which was done aceordinglie. 

His Excell. ordered Wm. Sal way. Esq', to enquire of the repre- 
sentatives if they were desirous to be adjourned, prorogued or dis- 
solved. 

Who returned that they wold consider of answer. 
Adjourned till 2 a clock afternoone. 



394 MINUTES OF THE 

POST MERID. 

Post Meridiam, prsesentibus ysdem qui ante. 

Edward Blake brought up Nine bills amended as the Governo' and 
Councill did propose, which his Excell. did pass ; and that the assem- 
blie could not consent to the amendment of the Bills for allowance to 
representatives, nor that of appealls, since they cannot allow Burglarie 
to be a capitall crime. 

Edward Blake brought the bill of appealls, with the crime of Bur- 
glarie, allowed by the representatives. Which being three times read 
was assented unto by the Governo' & Councill. 

His Excell. bid him tell the representatives that hee was readie to 
pass the bill for allowance to the representatives. But the Councill de- 
clare their opinion ag' it, unles provision be made for the members of 
Councill, which is best done by establishing a revenue for support of 
the government. 

His Excell. desires that the speaker and representatives doe attend 
him forthwith, being readie to goe on board. 

M' Speaker and the assemble wer admitted. Then His Excell. said: 
M' Speaker and you gentl., you may be perhapps mistaken or not 
well acquainted with the Nature of passing bills in generall assemblie; 
You have had the Copie of my Comission, & you will find it there, 
that they are to be enacted by mee, by & with the advice & consent of 
the Councill &; assemblie, or representatives, Soe that it is not in my 
power to pass anie bills that come from your House, if I wer never so 
willing, w'out the advice and consent of the Councill, tho' as they say 
in England, I have in myself the power to damn them, which is the Ne- 
gative voice. I am verie willing to pass this bill for an allowance of 
Six shillings per diem to each representative, and Nine shillings to the 
Speaker; But I find a nemine Contradicente in the Councill for Lay- 
ing it aside. They doe alledge that your preamble to that Bill is verie 
fair and plausible, (to witt, the support of the Governm',) but then you 
must not seem therby to take the government whollie into yo"" owne 
hands, as if the Livet. Governo'' and the members of Councill had no 
share yrin. They are Satisfied that ther is some thing due to you for 
yo' service, but it is also true that the members of Councill have a 
share in the government, and are in the Nature of the upper house, 
and there is no provision for them; you must not then take it ill att 
my hand, for I doe declare to you, Gentl., that if the members of 
Councill will Consent to it now, I will this moment pass it as it is. 

M"^ Speaker. May it please the Governo', I knew not what thou 
woldst say to mee, therfore am not prepared to ans'. But this I will 
venture to say of my self, and beleive it is the opinion of the house, 
That wee may give the Councill the Character of great injustice to us. 
I doe not blame thee. 

His Bxcell. It is not my fault ; I am readie to signe it, and think it 
a verie reasonable allowance. 

M' Speaker. Governor, wee have just now paid twelve pounds 
odd monie outt of our owne pocketts for house rent, Clark's fees, and 
doore keeper, &> for my owne part, I have served the Countrie these 



PROVINCIAL COUNCIL. 395 

•severall years, and never had one farthing ; But since it is soe, wee 
vrill not insist upon it. I wish that upon the Like occasion for the fu- 
ture, the Governo'' may be assisted with Councillors of more justice, 
and an assemblie of more witt. 

His Excell. I am a stranger; I have put no stranger over you. I 
have had those gentl. recommended to me, and have found ym all 
wise, Carefull, & diligent to forward their Maties' Service during my 
abode. It is my rule to beleive well of everie man Untill I find the 
Contrary; your jealousies have been a great hinderance to their Ma- 
ties' affairs in this assemblie. This bussines might have been done 8 
dayes agone : But I attribute it to this, That you doc not know me. I 
could wish you had made provision for all the officers of the go- 
vernm'; If you had, I was allwayes readie to pass it. I see one vote 
of the house to that purpose, but heard no more of it. 

M' Speaker. Governo", True wee did in the beginning. Wee had 
severall debates upon it, but it could not pass the house; It was ever 
much opposed. 

His Excell. What harme wer it, or who could sufferr by it, if 
something wer laid upon wine, brandie, beer and Syder. No person 
i.s obliged to drink, & they y' will dipp a Little more than ordinarie, 
will never feell the paym' of it, nor drink the Less. It wer a better 
way than to Levie mouie by distres, which takes a sum out of poor 
sober people's hands att once. I doubt not but an excise upon strong 
Liquors, with the addition of somethings els, wold raise a Consider- 
able sum of monie yearlie for the support of the Livet. Governor and 
Councill, &; other officers. 

Gentl., These Councillors will not allwayes be in place. It may be 
probablie yo'' owne turns to Serve veric shortlie. If once you wold 
astablish a revenue upon their Maties for the support of the govemm ' 
as it is in all places, I should quicklie give you an accompt how it 
should be distributed. It hath cost mee neer 2001b. the time I have 
been amongst you ; there is my servants, horses & my table, which 
I have keept for these gentl. y' came along w' me: and for you M' 
Speaker, & the gentl. of the assembly, if att all times three or foure of 
you could have come, my door was never shutt, and I told you allwayes 
soc ; but there was such jealousies and fears amongst some of you in 
this place, that it was avoided as if it wer treason for the speaker or 
anie other representative to be seen in my Companie during yo' Ses- 
sions. My temper has been allwayes otherwise. I ever Loved free- 
dome, and it is no argument of Love and affection where jealousie 
doth so predominate; It is not my fault; I hope wee shall be better 
acquainted in time. Gentl., I did desire to know of you whether you 
desire to be adjourned, prorogued or dissolved. 

M' Speaker. Governor, wee desire to be dissolved ; wee doe thank 
thee for thy care and kindnes to us. 

His Excell. Gentl., I will order the secrie to enroll those Laws that 
I have passed upon parchment, and affix a Seal to ym, and they shall 
remain in his office, to be a standard of yo' Laws, to which you may 
recurr upon all occasions. I have Likewise ordered that the monie 



396 MINUTES OF THE 

bill shall be first enrolled, Which I doe for yo' sakes ; And trulie, I 
could wish you had taken notice of the Queen's Lett'yrin; It wold 
have been better received by their Maties. And since you desire to 
be dissolved, I Have dissolved you. And you are hereby dissolved 
from the assembly, Soe gentl., I wish you all well to yo' homes. Wee 
thank thee Govemo and departed. 
The end the first Sessions of Councill and Assembly. 



,[2^ Janry, 1693-4, 

Att a Councill heldatt philad. 2^ Janry, 1693-4. 

PRESENT : 

WM. MARKHAM, Esq' Leivt. Govemo'. 
Rob' Turner, ? p " 

Wm. Salway, 5 * P^^. Robinson, Secrie. 

No business ofiering, the Councill was dismist. 



[9* Janry, 1693-4. 

Att a Councill Held att Philadelphia the 9'" of January, 1693-4. 

present: 
WM. MARKHAM, Esq'. Leivt. Governo'. 

Wm Salway, > j^ „ 

Robert Turner, 3 ^ ' Pat. Robinson, Secry. 

The Leivt. Govemo" being Informed that some persons had been 
brought before some of the Justices of the peace for Robbing & steal- 
ing, which Crimes, by the 104"' & 1 05"" Laws of this province, wer 
formerlie punisht with restituon & 21 strypes. And which two Laws 
wer designed by the Last assemblie to have been Continoued in force 
in their potion of right to his excellie, and tho', these two Laws be in 
the minutsofthc Councill, & also in the assemblie book, amongst the 
List of those Laws presented to his Excellie 61 Councill to be Con- 
tinoued, yet they wer through haste omitted to be putt by the assemblie 
in the roll of Laws by ym requested to be continoued, By reason qrof, 
the Justices are doubtfuU how to proceed in the punishment of such 
Criminalls. 

It was resolved. That his Excellie be Humblie requested to give hi« 
determinaon in this matter. 



PROVINCIAL COUNCIL. 397 

[16'" Janry, 1693-4. 

Att a Councill Held att Philadelphia the 16* of Janry, 1693^. 

PRESENT : 

VVM. MARKHAM, Esq^ Leivt. Governo^ 

Robert Turner, Esq'. Pat. Robinson, secry. 

No bussines presenting, the Councill was dismist. 



[23" Janry, 1693-4, 

Att a Councill Held att Philadelphia the 23'^ January, 1693-4. 

PKESENT : 

WM. MARKHAM, Esq^, Leivt. Governo'. 

Robert Turner, Esq^, pat. Robinson, Secry. 

The Leivt. Governo"' signified to the Councill, That hee had a 
Letf from his Excellie, Containing a matter of moment, which wold 
require a full Councill; did therfor acquaint the members present not 
to faill to be here the SO"" instant, and ordered the Secrie to write to 
Jn" Cann & George forman, Esq"^., to be then also present, whicl) 
the secrie accordinglie did. 



[SO"' Janry, 1693-4. 

Att a Councill Held att Philadelphia the 50'" of January, 1693-4. 

PRESENT : 

WM. MARKHAM, Esq^, Leiv' Governo^ 

Rob' Turner, ~) /-< t:> •n' r 

AA7- o 1 I T? rs Gso. T orman, Esq^ 

Wm. Salvvay, vEsq". . n i ■ o 

T ri 1 l pat. Robmson, becrv. 

Lacey Lock, J i ' ./ 

The Leiv' Governo' acquainted the Councill that hee had sent for 
Jn" Cann, Esq'., the 22'' instant ; That the Secrie had writ to him 
from Geo. forman, Esq', his house, to be present att a full Councill 
this day to advise about a matter of moment. M' Cann not having come, 
The Livet. read a part of his Excellie's Lett' to himself of the yth 
instant, in these words, viz: "You doe not ans' mine relating to assem- 
" blie which I incline to hold att New-Castle, but will compile to the 
" Councill's opinion." 

After some debate about this matter. The further debate therof wa<j 
deferred to the Sixt of Febrie next ; and it was ordered that M' Cann 
should have fresh notice to be then present. 

Joseph pidgeon having exhibited to the Leivt Governor and Coun- 
cill an acco' of tenn pounds two Shills., for sundrie presents dehvered 
the Indians by his Excellie's ord', when here at a treatie w'ym. And 
desiring paym'. 

34 



398 MINUTES OF THE 

Ordered that Rob' Turner, Esq', treasurer, pay the said sum outt of 
the pcnnie per pound tax raised for the support of the government. 

Ordered that the Secrie issue outt a warr' directed to the Messinger 
of the Councill, To Sumons Ann Letort, Cap' Jn" dubrois, peter Bi- 
salion, mounce yokum, Lewis, the French Canada prison', Benj" 
Clifl &, Thomas graves, to be here present the Sixt of Februarie next. 



[e-^Febry, 1698-4. 

Att a Councill Held att Philadelphia the Sixt of February, 1693-4. 
WM. MARKHAM, Leivt. Governo'. 

Robert Turner, I Lacy Cock, Eso/. 

John Cann, ^Esq . pat. Robinson, Secrv. 

Wm. Sahvay, J ^ • 

The Informaon of Thomas Jenncr and polycarpus Rose, exhibited 
to this board the 19"' of Decemb', 1693, ag' Ann Lc Tort, &c. was 
ao-ain read, and by peter Revcrdie interpreted to her & her husband 
from the English into French. 

Shakhuppo, an Indian king, being examined by Capt. Cock, inter- 
prc'tcr, saith That bee knows nothing of anic I^ctters sent to strange; 
Indians by Ann Le Tort, nor by anie others, but that hec hath seen 
some strange Indians come to trade with her, but that hee neither 
knew ym, nor understood their Language. 

Kavantarras' wife, by the sd Capt. Cock, interpreter, being ex- 
amined, saith that shee has sometimes seen strange Indians come to 
Le Tort's plantaon to buy goods. 

The said Ann Le Tort, by peter Reverdie, Interpreter, saith, that 
what those Informants by mistake call a packctt of Letters, was onlie 
a book of acco" of what the Indians owed them, wrapt up in a blue 
Linnen Cloath to preserve it from the weather. 

To the 5"' article, about Lc Tort's whipping polycarpus Rose, & 
calling the English and Swceds rogues, Shee saith. That the Indians 
arc much indebted to her & Little to peter yokum, and that hee came 
befor her hous with Rum, & thervvith enticed the Indians from her ; 
wherupon shee in her anger, might call him & the sd polycarpus 
Rose names. 

To the 1'' article. The said Ann Lc Tort saith, That shee never 
had anie such discourse with Hicquoqucan, nor has shee seen him 
'these three years past. 

Benj" Clift being Lame and not able to travell, sent to the Leiv' 
Governor a paper, whcrin hec saith. That two ot o' Indian kings 
fold him that ther have been Severall Lett" & powders sent to Canada 
bv peter Bisalion, & that Lewis, the french Canada prisoner that lives 
at Le Tort's, told our Indians that they should see in a short time 
that all our English wold be cutt off by the French, and that if the 
English wer from amongst us you & wee should Live bravelie. 



PROVINCIAL COUNCIL. 399 

Cap'. Cock saith, that hee believes our Indians are onlie afraid that 
the strange Indians will come and Surprize them. 

Wherupon the Leiv'. Governor ask't and desired the Councill's 
opinion, Whether from the abovesaid exammations & proffs, ther 
wer sufficient grounds wherupon to bring the sd Ann Le Tort to a 
tryall. 

They wer Unanimouslie of Opinion that there wer not. 
The petion of some of the Inhabitants of Philadelphia & of some 
other parts of the province, was read, setting forth their Jealousies 
relating to the French in generll amongst them, and more speciallie 
referring to those trading in remote & obscure places with the 
nativs, without securitie or approbaon : And therfore. Requesting 
tliat the French may be called from those places, where they still 
Continou their Commerce with the Nativs, and that if they be per- 
mitted to retail trade, that it be in places of this or other towns in the 
province, and that neither they, nor anie others, be permitted to free- 
dom of trade with the natives, but such as are approved of, and upon 
securitie of acquainting the government with all the matters they can 
hear or observe concerning the natives and the enemies of the Coun- 
trie. 

It was hereupon Resolved, That Capt. Jaques Le Tort give to the 
Leivt. Governor sureties that hee shall acquaint the governm' with all 
matters hee can hear of or observe concerning the Natives & the 
enemies of the countrie, and that he take the oaths appointed by act 
of parliam' to be taken in stead of the oaths of allegiance and supre- 
macie. 

Ordered, that Cap' Le Tort, or his wife, bring before the Leivt. 
Governor and Councill Lewis, the Frenchman that Lives att his 
house, the 13th instant. 

Ordered that Robert turner, treasurer, give to Shakhuppo and 
kyantarra's wife two match coats, and two shillings sixpence in 
monie. 

His Excellies Letter to the Leivt. Governor and Councill, dated 
"the 25"' of January, 1693-4, was read, Wherin Hee sayes: "1 
" find it needfull for their Maties' service to call a generall Assemblie 
" in the spring ; doe therfor ask your advice of the time & place of 
" meeting. Which I will order accordinglie. I shall be readie to 
" meet you the Later end of March, or beginning of Aprill, Unless I 
" be called to the fronteers. You are sensible of the weaknes of 
" governm' without support. I hope you will use yor endeavors to 
" gett such to assist me who are best qualified for that service." 

After some debate, it was the unanimous opinion of the Leivt. Go- 
verno'' & Councill, That the most Convenient time for the sitting of 
the next generall assemblie wold be about the tenth day of Aprill next, 
and the most Convenient place the town ol Philadelphia, But Humblie 
submitted both time and place to his excellies pleasure ; And desired 
the Leivt, Governo' to return their heartie thanks to his excellie for 
his care of them, assuring his excellie that they should not be wanting 
in anie degree of their dutie to, and assistance of his excellie, accord- 
ing to their power and abilitie. 



400 MINUTES OF THE 

[7'" Fcbry, 1693-4. 

Atta Councill Held att Philadelphia y* T"" of February, 1693.4. 

PRESENT : 

WM. MARKHAM, Esq\, Leivt. Governo'. 

Rob' Turner, ^ p, „ Lacey Cock, Esq'. 

John Cann, 3 ^ ' pat. Robinson, Secry. 

The petion of Thomas Lacey ag' John Swift, having been read. 
Ordered that the Secrie write to Jn° Swift to be here the IS* instant, 
to make ans' to the sd petition. 

The petion of philip England having been read, setting forth that hee 
hath been Lawfullie Impowred and authorized to keep an Ordinarie 
and ferrie att Skuillkill, first by an order from the proprietor, dated 
the IG"" of 8ber. 1683, under his hand and Seal, therin strictlie Charg- 
ing that no person presume to transport anie passengers for monie or 
reward, over the said river, neer the sd ferrie : secondlie, by an order 
from Governo'' Fletcher, dated the SO"*' of Aprill Last, fuUie Confirm- 
ing the proprietor's grant to the petitioner for the sd ferrie and ordina- 
rie : And thirdlie, by a Leass from the Leivt. Governo', in behalf of 
the proprietor for the sd ferrie, for a certain term of years, att the yearlie 
rent of seven pounds ; And that the sd petition' seatled himself and 
familie theron, the acco' of keeping the said ferrie, and has been att 
great charges to fitt & accomodate the same with boats & Canoes, 
<-ind in making a convenient Landing place on both sides of the river, 
both for horses and passingers. And is obliged to attend the publick 
service of the government. Notwithstanding of all which, one Wm. 
powell, in Contempt of the authoritie aforesaid, hath aLongtime ferried 
over people and horses, «fe has for six mo. past erected a boat, as 
ferrieman, and ferried over severall horses and passengers, to the 
petitionr's great detriment, and since his being called to acco' for his 
contempt of the authoritie aforesaid, befor the Leiv' Governo' & 
Councill, which was the 18"" of July, 1693, has pretended to sell the 
sd boat to certain people, who doe employ one Nathaniell Mullinax to 
ferrie them over, in Contempt of the power and authoritie aforesaid ; 
And yrfore. Requesting the Liev' Governo' and Councill to cause the 
sd Wm. powell and Nathaniell Mullinax to appear befor ym to ans' 
the contempt aforesaid, as also for the wrong the petitionr has sus- 
tained yrby, that so yo' petitionr may receive such Justice herein as 
Vou shall Judge meet. Nathaniell Mullinax having appeared, the 
minuts of Councill of the 27'" of June & 18'" of July & 19'" 7br. rela- 
ting hereto wer read, Wherin Wm. powell promised that hee wold de- 
sist from and Leave oft' ferrying over people att that place, & that none 
else und' him should ferrie anie people over from his Land for anie 
reward, and which the Liev' Governor and Councill charged him 
strictlie to observe att his perrill. 

The sd Nathaniell Mullinax being interrogated who they were that 
first employed & hyred him to lerrie people over, Hee ansred. That 
most of the people of Harford &; Marion, &; some of darbie, im- 
ployed and hyred him to ferrie ym over, and that they were to pay 
him his wages, & that he knew no reason why he might not work for 



PROVINCIAL COUNCIL. 401 

his Living as well as others : And after sometime hee brought in a 
List of the names of some that imployed him, viz : Kvaii prothero, 
Wm Howell, Thomas Smith, Wm. iSmilh, Morris Luellon, David Me- 
redeth, Jn" Rhodes, Wm. Warner, Ilumphrie Ellis, Ellis Ellis, Hugh 
Roberts, Robert Owen, Jn" Apowcn, Richard Have, Adam Rhodes, 
Christopher Spray, Davis Lues, Lues David, David Ewer, John 
german, Hugh Shone, Evan Hendrie, Wm. garrett, John Blunstone, 
Sam" Lewes. 

It was ordered that the sd Nathaniell MuUinax be comitted to 
the Comon goale of this County, till hee give good and Sufficient 
securitie to the Leivt. Governo'', that hee shall ferrie no more persons, 
horses, nor cattle over Skuillkill, att VV'm powell's, for gift, hyre or 
reward, directlie nor indirectlie; And that the said boat be forthwith 
Seazed and secured by the sheriff, till the owners therof appear befor 
the Leiv' Governo" and give the like securitie. 

Upon reading the petion of Jn" Bristow, setting forth that when 
hee was Ranger for Chester Countie one Richard Thompson, in 
169-2, brought to him an unmark't horse as a stray, which the peti- 
tion'' received from him, and therafter the grand Jurie for sd Countie 
presented the petition"" for receiving a markt horse for a stray; Att 
which Court of Quarter Sessions the petition"" was discharged from 
the sd presentment, upon evidence that the sd horse did not appear 
to be arteficiallie markt \vhen hee came to the petitionrs hands ; 
Wherupon the petition' was ordered by the then Court to sett up a 
paper on the Courthouse door, to notifie that in Case anie person 
should come and prove the said horse to be theirs, they should have 
him returned; which the petition'' accordingliedid. As by a Certificate 
und' the liands of the then Justices for the sd Countie, and und' the 
hands of the grand Jurie therof, has appeared ; Notwithstanding 
wherof, the Late grand Jurie for the sd Countie have of new pre- 
sented the jietition'' for y" same thing, wherof hee was formerlie 
cleai-ed, tho' no person hath yet appeared to owne the sd horse, which 
the petition'' believes is done of purpose to stopp him from prosecu- 
ting his intended voyage for England, and to damnific him in his good 
name & reputation ; And therfore, Requesting such releifin the pre- 
misses as the nature &; circumstances of his case requirs, and that 
the rather, that the petition'' is still willing for peace sake to deliver 
up the sd horse to anie person that can make proof that ever hee 
was theirs, tho' he has paid half of his value to the proprietor's re- 
ceiver, &c. 

It was the opinion of the Leiv' Governo' & Councill, That (the 
new presentment seeming rather Litigious than just,) the Court of 
Chester Countie be advised to moderation, and to be carcfull not to 
countenance anie thing that caries v/ith it the face of anie former 
grudge, aniiTiositie or revenge, ag' anie person whatsoever. 

Ely Lush, Wm Rawlings, Charles kemarr, Rob' Lindsay, peter 
Goss, mariners, having made proofe befor the Leiv' Governo'' and 

Councill that they were ordered by petit, M' of the ketch James, 

(wherof Cap' James Risbie was owner,) to putt on shore Nathaniell 
Lukins, who piloted the said ketch down the ba}' of delaware, which 
thoy did, and that by reason of the bad weather att Cape Henlopen, 

34* 



402 MINUTES OF THE 

they could not get on board the sd ketch again, and that they were 
readie to deliver the ketch's boat to John More, attornie to said Risbie, 
and therfore, requested they might liave a Certificate from the Leivt 
Governo' accordinglie, which was granted tliem. 



[IS^Tebry, 1693-4. 

Att a Councill Held att Philadelphia the 13'"' of February, 
1693-4. 

present: 
WM. MARKHAM, Esq'., Leivt. Governo^ 

Robert Turner, ? t^ « 

William Clark, 5 ^^^ ' Pat. Robinson, Secrie. 

The Leiv' Governo' represented to the Councill, That the proprie- 
tor's Comrs of propertic, had made applicaon to him by way of com- 
plaint, That Wm darvall of kent Countie, stood Lawfullie indebted 
to the proprietor in certain considerable sums of monie upon obligaon 
and for arrears of Quit rent, and that one John Barns, wlio has lived 
on sd Wm darvall's plantaon in the sd Countie, does without anie 
due Course of Law, imbezill, wast and Consume the goods, house- 
hold stuft', cattle, and stock of the sd Wm dervall, and sells and 
squanders away the same, and Converts the monie to his owne use, 
Intending to Leave this province and to Carie with him what hee 
can of the sd Wm. darvall's estate, to the utter ruine of the sd Wm. 
darvall, and to the totall' defeating the proprietor of his just debts So 
owmg to him, and therfor, Requesting the assistance of the governm' 
for prevention therof. 

Ordered, that a warr' be issued from the Leiv' Governo', directed 
to the Sheriff of kent Countie, to secure the person of the sd Jn* 
Barnes, untill hee show good and Sufficient reason for his doing as 
above, And in the ineantime, to attach, att the proprietor's suit, and 
take into his Custodie all such goods, household stuff, stock and 
Cattle that shall appear to belong to sd Wm. darvall, in whois hands 
soever they be; As also, to secure all such monies as are in the hands 
of anie person whatsoever, as the produce of anie of the goods of 
the sd Wm. darvall, sold to them by the said John Barnes. 

Robert Wade's petion having been read, setting forth That hoc is 
Lawfullie seized in fee simple, in an estate of inheritance to him & 
his heirs forever, in a piece of Land in Chcstcrtowne, oppositt to &; 
ranging with the front of the Court house of the sd Countie, Beginning 
on the south west side of the sd street of the sd town, and so to Low 
water mark in the Creek in depth, and fiftie-three foot in breadth, 
fronting sd street, with all its appurtenances, under the ycarlie rents 
due to the Lord of the soil therof. As by his deeds for the same, 
(lulic perfected, to ih.c Leivt. Govcrno'' & Councill produced, hath ap- 
peared ; and that notwithstanding therof, on the 5* day of the 4'" mo. 
1689, the grand Inquest for the sd Countie of Chester did, without 
the petitioner's knowledge, Leave, or consent, and without oB'ering or 



PROVINCIAL COUNCIL. 403 

paying to the petion'' the Least consideraon, Lay outt the petitioner's 
said whole piece of Land for a public Landing place and open street, 
for the pretended Service of the said Countie, and the then Justices of 
the sd Countie declared to the petition', that they Seazed it for the 
king ; and that the petion' being a freeman, cannot by Law be dis- 
seized of his freehold but by the Judgment of his 12 equalls, by a 
Legall tryall, and which act of the Court has been to the petitioner's 
great Loss & damage, who is daylie threatened to have what hee 
shall build on sd his Land pulled downe and throwen into the sd creek, 
and therfor, requesting such remedie & redress in the premisses as is 
agreeable to Justice & equitie. 

Wherupon,, the Leiv' Governo' ask't the advice of the Council!, 
who after further hearing of the said Robert Wade, ordered that the 
said Court, or Clark therof, (on the petitioner's request of payment 
for it,) send to the Leiv' Governo' & Councill by whois and what war- 
rant the then Court and grand Jurie So Laid outt the petitioner's 
Laud aforesaid, and that hee send a Copie of the same warrant, & of 
the whole presentments, orders and minutes of Court from time to 
time, relating to this affair. 

Upon reading the petion of Thomas Lacey, setting forth that being 
by Mary Rowles, servant of John Swift, unjustlie accused for the 
father of her bastard child, and by sd Swift's procurement was 
bound over in 401b, to ans' att the next Court of Bucks, att which the 
petition' appeared, and the Court bound him in 101b, & Israeli Taylor, 
his suretie, in 51b, for appearance att the next Court, att which time 
the petition' being sick appeared by his attornie, where Little was 
(lone in the matter, & being advised that ther was no need of appear- 
ance att another Court did not goe, wherupon his bonds wer forfeited, 
on which they gott outt execuon ag' the petition', and have Leavyed it 
on Israeli Taylor's goods, & the petition' is threatened bj sd Swift 
with the sd execuon throughoutt all the province, to his detriment, 
and that as hee has formerlio offered to take the bastard, & to give se- 
curitie for maintaining of it, so he is still readie to doe, if Jn° Swift 
and its mother Avill part with it, Which they refuse; And yrfor, Re- 
(juesting the fine may be forgiven, & also all such Corporall punish- 
ment as the severitie of the Law might inflict on him by reason of 
the false accusaon of the sd Rowles. 

John Swift appeared and answerd, that it was true that said 
Rowles Laid tho sd child to the petitioner, but that hee was not bound 
over by his procurement, being clone under the Late goverm'; that hee 
was never bound in 401b, but in 101b, & his securitic in 51b, &■ that 
hee never appeared att anie Court, and that ther's no execuon outt 
ag' him nor his suretie ; that hee has yet given no securitie for main- 
taining the sd child, and that the mother will not part with it. 

Ordered, that the petition' produce to the Leiv' Governor and Coun- 



cill a copie of the records of the sd Court relating to the whole affair, 



wherby it may appear whether the sd bonds wer forfeited or not ; and' 
the Leiv' Governo' told sd Swift that no Countie should be a place of 
refuge for persons that had broken the Laws in another Countie, and 



I 



404 MINUTES OF THE 

that if he wold take outt a warr' from ym to carie him into their Coun- 
tie for his Legall tryall & punisliment, hee might have it ; and if 
hee desired that the petition' should give securitie here for maintain- 
ing the child, they wold force him so to doe. To which sd Swift an- 
sred, that it was not his bussines to be att anie Charge about such a 
fellow. 



[20'" February, 1693-4. 

Att a Councill Held att Philadelphia the 20"" of February, 1693-4. 
present: 
WILLIAM MARKHAM, Esq\ Leiv' Governo'. 

Tirir'' n 1 1 ' c Esq". Pat. Robinson, Secry. 

Wuham Clark, 3 ^ ' -^ 

No bussines presenting, The Councill was dismist. 



[27'" February, 1 693-4. 

Att a Councill Held att Philadelphia the 27"" of February, 1693-4. 

present: 
WILLIAM MARKHAM, Esq^, Leiv' Governo\ 

Robert Turner, ? p « Lacy Cock, Esq^ 

Wm. Salway, ) ^ ' pat. Robinson, Secrie. 

Robert Owen and divers others of the Inhabitants beyond Skuillkill, 
in this province, appeared befor the Leiv' Governo'' and Councill, and 
signified to ym that they had a propertie in the boat Latelie seazed by 
their order, and that their transporting ymselvcs therin over Skuill- 
kill, proceeded not in the Least from anie Contempt to the authoritie 
of the provmce, and therfor Requested that they might have their 
boat returned to them again, & that for their move easie Coming to 
their meetings, fares &; marketts, & to the election of representatives 
to serve in the ensuing assembly, they might be permitted to trans- 
port ymselves therin. 

Upon Consideraon wherof, & y' the sd Inhabitants might not pre- 
tend that by the detention of the sd boat they wold be hindred from 
coming to the sd election. It was ordered by the Leiv' Governo'" ^ 
Councill, that the sd boat should be by the sheriff delivered back to 
them, & that the owners yrof might transport, or cause ym selves to 
be transported therin, without taking anie monio or other reward ther- 
fore, untill such time as his Excellie the Chief Governo'', should come 
hither, to whom they referred the full hearing & determining of the 
whole affair. For which the said Inhabitants returned to the Leiv, 
Governo' thlir Heartie thanks. 



PROVINCIAL COUNCIL. 405 

[24'" May, 1694. 

Att a Councill Held att Philadelphia the 24'" day of May, 1694. 

TRESE ■N'T : 

His Excellencie BENJAMIN FFLETCHER, &c. 

Wm. Markham, Esq"", Leiv' Governo'. 

And' Robeson, > g^ „ Wm. Clarke, > ^ 

Rob' Turner, j Cleo. foreman, 5 ' 

The petion of Breta Jonson was read. Setting forth that shee is the 
widow of derick Jonson, who was executed for the murder of a man, 
&c.wherbyhis estate, reall & personall, became forfeited to their Maties, 
But by the Clemencieof theLeivt. Governo', the petition' was ordered 
one moity yrof, for her and children's subsistence, but Could not gett 
possession of anie of the movables, onlie the moitie of the Land and 
house, and is now in a verie Low condition, having three children to 
maintain,- And therfor. Requesting his Excellie to Consider hercon- 
dion, &; reverse the judgm' which was executed on the other moity of 
the Land, and in his clemencie & charitie. Order the restoraon of the 
moity which is not in her possession, for a further support to her pre- 
sent necessities. The abov sd petion was referred to Wm. Sal way 
& Geo. forman, esq"., to report what they Judge proper to be done in 
answer therto ; And they having Reported that by the Law the widow 
hath a right to half the personall estate, and desired, with the rest of 
the Councill, that his Excellie will grant the other half for y' main- 
tEiinance of herself and children. His Excellie ordered that the same 
be granted her for that use, shee paying all reasonable charges and 
fees. 



[30'" of May, 1694. 

Att a Councill Held att Philadelphia the 30'" day of May, 1694. 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq., Leiv' Governor 

Rob' Turner, | Wm. Clarke, l^. 

pat. Robinson. lEsq^ Qeo. Forman. 5 '^ ' 

Wm. balway, J 

His Excellie ordered the reading of the articles exhibited by some 
of the Inhabitants of Philadelphia ag' Robert Brett, Clark of themar- 
kett, which wer read, and ordered the said Robert Brett should have a 
Copie therof. 

Ordered that a warrant Issue upon Robert Turner, Treasurer, for 
payment of One Hundred pound to dauiell Honon, for his Excel- 
lie's use. 



406 MINUTES OF THE 

[2" June, 1694. 

Att a Councill Held atl Philadelphia the second day of June, 1694. 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'., Leiv' Governo'. 

And' Robeson, ~) ,,, /-.i i ") 

Rob' Turner, lEsq". Wm. Clarke, U 

pat. Robinson, J Geo. forman, j H 

The petion of Joseph Bray man, in behalf of himself and wife, 
The reference therof to Wm. Clark, esq'., and his report therupon, 
wer read. The Report in his favour approved, and the petition 
granted. 



[4"^ June, 1694. 

Att a Councill Held att Philadelphia the fourth day of June, 1694. 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 
Wm. Maekham, Esq'., Leiv' Governo'. 

Andr. Robeson, ? t;. „ pat. Robinson, ? t^ „ 

Rob* Turner, S "^ ' Wm. Clarke, ^ ^^1 ' 

His Excellie did ofFerr that he is desirous to give all just Satisfac- 
tion to the people, and therfor proposed to affix placardes, giving notice 
to all persons that hee hath appointed Tuesday, att eight in the morn- 
ing for the hearing of anie Complaints made ag' Rob' Brett, the Clark 
of the market, for anie misdemeanors Comittedin the execuon of his 
office, wher all Complainants & evidences shall have access, which is 
agreed unto, and ordered accordinglie. 

His Excellie did Likewise acquaint the Councill, that hee hath ap- 
pointed the same time for enquiring into the matter of peter debuc, 
deceased, which Comes under his Excellie's Cognizance, and desired 
they would be wittnesses therto. 



[5'" June, 1694. 

Att a Councill Held att Philadelphia the 5* day of June, 1694. 
present: 
His. Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'., Leiv' Governo'. 

And' Robeson, "^ -^ 

pat. Robinson, ^Esq^ Wm. Clarke, ' „_ 

Wm. Sahvay, J Geo. forman. J ^ 

Robert Brett, Clark of the market, being heard, & manie persons 



PROVINCIAL COUNCIL. 407 

appearing ag' him, they made severall misbehaveors appear in the 
cxccuon of his office, for which his ExceUie discharged him from the 
said office. 

The bussines of peter debuc's will deferred till afternoon. 



3 of the Clock, afternoon. 
present: 
His ExceUie BENJAMIN FLETCHER, &c. 
VVm. Markham, Esq'., Leiv' Governo'. 

And' Robeson, ^ ^r^ Clarke "1 

pat. Robinson, j>Esq". Qeo.Vorman,' r'"^"' 

vVm. balway, J J 

His ExceUie Having ordered the Hearing of what might be offered 
ag' the will of peter de buc, deceased, and severall things being offered 
by sundrie persons, wherin they seem to insinuate there was fraud and 
Collusion in the making therof, His ExceUie did, upon hearing therof, 
dismiss the people, and desired the Councill to give their opinions upon 
the whole matter. Whether or not the will, which was proved befor 
the Leiv' Governo'', Can be allowed or not; Which being putt to the 
vote amongst the members of Councill, was caried in the affirma- 
tive, &, his ExceUie did allow jrof. 



[6'" June, 1694. 

Att a Councill Held att Philadelphia the sixt of June, 1694. 
present: 
His ExceUie BENJAMIN FFLETCHER, &c. 
Wsi. Markhah, Esq'., Leivt. Governo'. 

And' Robeson, ") Wm. Clarke, 1 

Rob' Turner, I Esq". Lau' Cocke, [.Esq^ 

Pat. Robinson, J Geo. forman. J 

The petition of Waddy Reynolds was read, & Ordered Wra. Clarke, 
Esq', be Impowered to hear and determin the matter of complaint, & 
to See that the widow & children be not injured, and that an Ord' 
Issue forth to the justices of the peace to stoppanie further process in 
the mean time. 

The petion of Mary White was read, and ordered the Justices of 
the Countie Court deliver her accots, & cause them to be reguhted 
accordinsf to the table of fees then established. 



408 MINUTES OF THE 

[11* June, 1694. 

Att a Councill held at Philadelphia the y"" day of June, 1694. 
present: 
His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'., Leivt. Governo'. 

And' Robeson, ? p n. Wm. Clarke ? p i. 

Rob" turner, 5 ^^^ * Wm. Salway, S ^^ * 

The petion of Mary White was read, qrin shee setts forth that her 
Husband, deceased, was sheriff of Philadelphia, & became bound for 
the rent of y^ house hyred for the use of the Countie, to be a goal ; that 
the rent of the sd house is not yet paid, and the bond of the sd Jn" 
White standing outt ag' the petition', to her great trouble. 

Ordered, the Justices of the peace in the Countie of Philadelphia, 
draw a warrantt upon the Countie Collector, to pay the rent due for 
the said house, and procure the said bond to be delivred up Cancelled, 
to the petitioner. 

His Excellie did acquaint the board that hee did receive informaon 
Saturuday night, that after the dissolution of the Assemblie, David 
Loyd, with the Representatives, returned to the place of their ses- 
sions, and david Loyd assumed the chair, and said they wer not 
dissolved until they had dissolved themselves also, and caused some 
minute to be entred upon record. 

His Excellie desired the opinion of the Councill to send for the 
Clark of the late Assemblie, together with the minutes of their Journall, 
Which the Councill doe approve of. 

■ Ordered, Jn" Claypoole, Esq' sherif of Philadelphia, doe forthwith 
brmg the Clark of the assemblie, with the minutes or Journall of their 
House, befor his Excellie in Councill. 

His Excellie did give to understand that the assemblie did insinuate 
in their Remonstrance, that something in the former Assembly was 
done in ans' to the Queen's Letter, produced the act to the Councill, 
& demanded the opinion of the Councill whether it doth appear that 
they have given anie thing to ans' the Queen's Letter. 

It is the opinion of the Councill that ther was nothing granted in 
the first assembly to enable his Excellie to ans' the Queen's Letter, 
nor anie thing proposed in the Last Assemblie that could be construed 
that way. 

It is the opinion of the Councill, nemine Contradicente, that his 
Excellie, the Governo', hath proceeded in all matters in this Late 
Assemblie with great prudence and moderation, and with their Con- 
sent and advice, and not otherwise. 

The Clark of the assemblie E[aving brought the minutes or Journall 
of the Assemblie, It found entered that upon the Governor's request 
they did adjourn to the Councill chamber, after his Excellie the Go- 
vernor, had dissolved the assembly In hac verba is entred. Upon 
their Return the Speaker Reports that the Governor was pleased to 
dissolve this house, & it is accordinglie dissolved. 

The Comrs of the propertic of M' penn gave in their report con- 
cerning the ferrie at Skuillkill, that it is the undoubted right of the 



PROVINCIAL COUNCIL. 409 

proprietor. His Exccllie gave his opinion that they ought to njain- 
triin & support the proprietor's right in his fcrrie, as they had dooe 
formerlie, And ordered a warrant Issue to the keeper of the said ferrie, 
requiring him to pursue the rules yrof, and a prohibition to all others 
from offending ag' the said rules, or using anie other fcrrie within foure 
miles distance on either side the river, of the proprietor's ferrie. 

The petition of sundry freemen & Inhabitants of Philadelphia, 
praying that the street upon the bank in Philadelphia, of thirttie foot 
breadth, as the same is agreed upon by the Inhabitants and possessors, 
under hands and sealls, by Indentures, may be Laid outt, and sur- 
veyed and cleared, and afterwards Held and reputed a street of the 
said Town of Philadelphia, by the name of Delaware street. And It 
is Ordered therupon, that the said street shall be Laid outt & surveyed 
forthwith, and afterwards, as soon as possible, may be cleared, accord- 
ing to the sd Indentures and agreement, To be Held, reputed and 
taken as a Comon street of the town of Philadelphia, bv the name 
ofKINGS-S:'REET. 



[15'" June, 1694. 

Att a Councill Held att Philadelphia the 15"' day of June, 1694. 
present: 
His Excellie BENJAMIN FLETCHER, &c. 
Wm Markiiaji, Esq'., Leivt. Governo^ 



And' Robeson, ~) ^.. ^, , 

Rob' Turner, I Esq". w Co^k' ^ ^^^" 

pat. Robeson, J ' ^ > 



} 



His Excelly told the Councill how manifest it is to ym all, How his 
Excellv has tendered the Queen's Letter to the assemblie, & proposed 
something to be done by them in ans"" yrto, in a manner agreeable 
with the principles of the people, & that nothing is done in ord' y'unto. 
That the Queen's Letter is directed to his Excellie & not to the assem- 
blie, Therfore desires the advice of the board. If it be not proper for 
his Excelly to array the whole province and detatch att Least fifiie 
men for the assistance of albanie, or if ther be anie other way Ixift 
his Excellie to answer the sd Letter since the assemblie have shutt 
their purses ag' the king. 

Resolved, the Councill doe draw up their answer to his Excellies 
proposall in writting, und' their Hands. 

His Excellencie, with advice and Consent of the hoard, did sign a 
proclamation for the encouragment of the proprietor's ferrie over the 
^kuillkill. 



35 



410 MINUTES OF THE 

[26'" June, 1694. 

Att a Councill Held att Philadelphia the 26'*" day of June, 1694. 
present: 
His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'"., Leiv' Governo'. 

And"" Robeson, T ' Wm. Sahvay, "^ 

Rob' Turner, I Esq". Lav/ Cock, I Esq", 

pat. Robinson, J Geo. forman, J 

Ordered a warrant Issue to the Receiver Generll, for the paym' of 
the whole Amount of the Tax raised by the pennie in the pound, granted 
by the asscmblie, anno 1693, to Andrew Robeson & patrick Robinson, 
Esq'^, who are bj his Excellie appointed to dispose y''of as his Excellie 
shall direct, for y"" maties Service. 

His Excellie did Recommend to the Leiv' Governo"^ and Councill 
the care of the Government during his absence, that they will endea- 
vour the peace and prosperitie y''of, and heall the divisions & Contro- 
versies that may happen amongst the people. See bid them farewell. 



[6* July, 1694. 

Att a Councill Held att Philadelphia the Sixt day of July, 1694. 
present: 
COLL. WM. MARKHAM Esq^, Leiv' Governo^ 

A nd"" Robeson, ?-p^ n= Law' Cock, ? p, ^ 

Rob' Turner, ^ ^'^ I • pat. Robinson, 5 

The Lcivt. Govcrno'' acquainted the Councill That the occasion of 
liis calling them together was, that yesterday Lacey Cock, Esq'', in- 
tbrmed him that the Delaware Indians were come down to discourse 
him. 

Hithquoquean, kyanharro, Shakhuppo, Oriteo, Menanzos, Mo- 
hocksey, Tamanee, Alemcon, with severall others of the DelaMare 
Indians, were admitted. 

Hithquoquean (in name of the rest of the delawarc Indians) took 
outt and Laid down a Belt of Wampum, which hee said was sent 
to ym by the Onondages & Scnekaes, who say, you delawarc Indians 
doe nothing but stay att home & boill yo'' potts, & are Like women, 
while wee Onondages & Scnckaes goe abroad & fight ag' the enemic. 
The Senekacs wold have us delawarc Indians to be ptners w' ym to 
fight ag' y" french, But woe having alhvayes been a peaceable people, 
it resolving to Live so, & being but week and verie few in number, 
cannot assist ym; & liaving I'csolvcd among o'selves not to goe, doe 
Intend to send back this their belt of Wampum. Mohocksey said ; 
The former belt sent by the Oncndages & Senekaes, is sent to us all, 
& wee have acquainted one another w' it, && tho' wee live on the other 
side of the river, yet wee reckou o''selves all one,becaus wee drink one 



PROVINCIAL COUNCIL. 411 

Avater. Wee have had a Continoued friendshipp vvitli all the Christi- 
ans (k; old inhabitants of this river, sinpe I was a young man, &. arc 
desirous to Continou the same soc Long as wee Live ; And gives a 
Belt of Wampum. 

Tamanee said : Wee and the Christians of this river Have allwayes 
had a free rode way to one another, & tho' sometimes a tree has 
fallen across the rode yet wee have still removed it again, & keept 
the path clean, and wee design to Continou the old friendshipp that 
has been between us and you ; and gives a Belt of wampum. 

The Leiv' Governo"" said, That by three of the Clock in the after- 
noon hee wold consider & give ym an answer. 



3 a clock afternoon, prsesentibus ysdem ; except Andrew Robeson. 

Law' Cock, Esq', acquainted the Lt. Governo'' that kyanharro & 
Oriteo, two Susquehanna Indians present, had something to say, and 
in respect they could not be understood, desired Menanzes to speak for 
ym. 

Menanzes sayes. That a certain Indian king (being kyanharro's old 
acquaintance) having Come from the Cayogues to kyanharro's house 
to see him, and on his way the sd king and his kyanisse Indians had 
some mischance befallen ym, for the Titwa's, the naked Indians, fell 
uponym; But the sd king & his kyanisse Indians fought their way 
through ym & gott to kyanhan'o's house, where they desired to re- 
main & be entertain'd in a peaceable Countrie. Menanzes in their 
name gives six deer gkins. To whom kyanharro replied : You are 
of my blood; I cannot denie you, but must receive you; and the sd 
kyanisse Indians desired that kyanharro wold speak with the Christi- 
ans that they wold receive ym with the same kindness as hee did, and 
y' as they are here protected by the Christians, thesd kyanisse Indi- 
ans hope to ineet with the same protection. Gives six doe skins. 

The Leiv' Governo'' acquainted those Indians that on the 4* instant, 
Jn" Budd informed him that an Indian king of West Jersey, with other 
Indians of this place, told him that from a meetting they Latelie had 
within 25 miles of this governmt, they brought two belts of wampum 
&; delivred ym to Capt Cock, to present ym to his Excelly in ord'' to 
a treatie for confirming their former Lcaque with the English ; that 
they complained that they had severall dayes delivred in their belts 
&; could have no hearing, but wer putt otfby promises that they should 
be heard one day after another. They tarryed in town eight or nine 
dayes, & that about thirteen dayes since Mohoksey's son came here & 
acquainted him, thesd Budd, that hee was sent to see if the philadel- 
phians could give him a good word back ; And that about ten dayes 
since the sd Informant being att peter Stallcupp's house, in Newcastle 
County, said Stallcupp told him that an Indian called Nescacatho, 
then informed an Indian king named Awahelah, saying Verie ill 
news, (repeating it again,) & said you know that from such a meett- 
ing wee sent two belts of wampum in ord' to a treatie, But the Go' of 



412 MINUTES OF THE 

newyork wold not treat with us, & they have had in Philadelphia a 
great number of men, with drums & guns, &c ; & the same att New 
Castle while the Go' was there, & y' hee went thence to Maryland, w' 
such speed y' they killed two horses in the way, which things Look 
w' a veric ill design ; wee believe y' theie is no good meant by the 
English ; there is some speedie matter in hand. The sd Budd further 
saitli y' Last MooJiday hee acquainted Joscj)h Wilcox w' the substance 
of the abov wrtlin. 

The Lt. Go' askt the Indians if the sd informaon was true : they 
ansred it was all false, ther was no such meetting, nor no such 
design to treat w' Go'' Fletcher, nor no Hearing ask". And if Mo- 
hocksey's son or their young men when drunk, told Jn" Budd anie 
such thing, hee should not make a storie of it unles hee had had it from 
tlieir Sachims. Law' Cock also said, that the two belts vver given 
him by Tamanee & Hithquoquean, to be keept for ym till they should 
call for them. 

The Leivt. Go'' told M' Budd, that he was much to blame for giving 
his Informaon first to the Justices, (who never acquainted him of it, 
nor of his Informaon,) especiallie since it concerned the peace of the 
province in Gencrall, & for y' hee came not to him till hee was sent 
for, and that if hee Comitted the Like again hee should not goe unpun- 
isht, & soe dismist him. 

Then the Lt. Go"' (by Law"" Cock, esq'. Interpreter,) answered the 
Indians : You did verie prudentlie to Consider well how you entred 
in a warr w'out advice & consent of their Maties of great Britain's 
Chief Go' here, who is Governor of New york. I heare there are 
sober & wise men among jou, & ther's an old man who cannot come 
down, who can give you good Counscll, & you must be Considerate 
in what you doe, for wee have enemies round about us. 

It's but of Late that wee took up armes, & I assure it's not o' design 
y'by to make warr upon you, nor upon any others ; but thereby to be 
in a Capaciticand readiness to defend o'selves and you fromo' & yo' 
Comon enemic the French, if they should happen to assault us or you. 

His Exccllie the Go' of Newyork is also Chief Governo', 6c came 
hither to sec what men and monie hee could raise for the defence of 
Albanie the frontiers from the French & Indians; Hee caried some 
monie with him but suiFered o' men to stay att home to defend ymselves 
& their Countrie ag' the french. While here He enquired how o' In- 
dians and wee Christians agreed ; We answered that for manie years 
wcp had Lived as brethren. He desired wee might Continou our 
friendshipp, for said hee, The enemie of one is the enemie of both. 
The Leiv' Governor also said : If the Senckaes send again to you doe 
you send to me, and He send an express to Newyork, and His Ex- 
cellie will take care that the Senckaes shall doe you no Injury. Soe 
they all departed, veric well satislicd with the Lt. Governor's answer. 



PROVINCIAL COUNCIL. 413 

[2^ August, 1694. 

Att a C'ouncill Held att Philadelphia the 2"^ day of August, 1694. 

PRESENT : 

COLL. WILLIAM MARKHAM, Esq\ Leiv' Governo^ 
And' Robeson, I T7 ^ ^^^- Robinson, } r, 

Rob' Turner, S "^ ' Wm. Clarke, 5 ""^"^ ' 

The Lt. Go' produced to the Councill an ord' to him from his Ex- 
cejlie the Chief Go', Requiring him upon receit yrof, y' hee Cause 
Charles Sanders, esq', to be Sworn one of the Councell of the pro- 
vince of pennsilvania & Countrie of Newcastle ; Which was accord- 
inglie done : And the sd Charles Sanders having taken the oaths 
appointed by act of parliament to be taken in stead of the oaths of 
allegiance and Supremacie, & subscribed the Test, Took his place 
att the board accordinglie. 



}' 



10"' August, 1694. 

Att a Councill Held att Philadelphia the 10'" of August, 1694. 
COLL. WILLIAM MARKHAM, Esq'. Leiv' Governo'. 

And' Robeson, ) Law' Cock, 

Rob' Turner, v Esq". Geo. forman, ^Esq'' 

pat. Robinson, ) Charl. Sanders, 

William Clark, Esq . exhibited an Informaon to the Leiv' Governo' 
&, Councill, setting forth that att a Coimcill held alt Philadelphia on 
the 10"" of au^', in the sixt year of y' Maties reign, before thcLt. Go' 
&; the rest of the members of their Maties Councill, personally ap- 
peared the sd Wm. Clarke, esq', Collector of their Maties Customes 
in the sd province & Territories, who (as well on the behalf of y' 
king & Queen as of his Excellie, the Governo' of y' sd province, as 
also on the behalf of the sd Wm. Clarke.) in this Case prosecutes, 
gave the Councill to understand & be informed y' hee, the sd VVm. 
Clark, had on y" 2V' of July Last, att Lewis, in Sussex Countie, in 
the Countrie aforesaid, seized on sundrie goods, wares, Comodities 
and mcrdizes imported thither, of the growth, production or manufac- 
ture of Europe, wch were not bona fide & without fraud laden & shipt 
in England, Wales, or y'' Town of Barwick upon Tweed, &i in Eng- 
lish built shipping, or wch were bona fide bought before the first day 
of October, 1662, & wherof the M' & three fourths of the mariners 
att least, are English, & caried directlio thence to y" Lands, islands, 
plantaons, Territories & places to their Maties belonging in Asia, 
Africa or Amerioa, Tangier onlie excepted, and from no other place 
or places whatsoever : As also, thnt hee, the sd Informant, had Like- 
wise seized on sundrie other goods & merdizes for which their Maties 
Customes & duties were not dulie & trulic paid, (the particulars qrof 



414 MINUTES OF THE 

are, viz: One small bale of fine Linnen, 2 baggs of Cocco nutts, 14 
peices painted Callico's, 14 peices Strypt Linnen, 2 peices of figured 
Linnen & woollen, 2 peices of Strypt Linnen & woollen, One Rem- 
nant of ferrandine, 15 Cards of Lace, One bagg of Cinamont, 15 
papers of silk, 13 peices of Holland or white Linnen, One Remnant 
of alamode Silk,) Contrarie to the Laws and Statutes in that Case 
made and provided: And therfore, the said Informant Craves the 
Judgment of the Councill ag' y° s^ goods and merdizes, & whether 
they ought not to be forfeited & disposed of, according to the direction 
of the aforesaid acts of parliam': WM. CLARK. 

After reading qrof appeared George parris, owner of the sd goods, 
who had nothing to say for his owne defence nor in defence of the sd 
goods. And therfore, Judgm' past ag' the sd goods, wares, and merdi- 
zes, that they were forfeited, and that they should be disposed of 
according to Law. 

Ordered that the Secrie Issue a warr" to George Heathcote, philip 
Richards, & J n" Whitpain, Mertz, or any two of ym, forthwith, upon 
their oath or attestaon, to apprize & Value the sd goods, & to make 
return yrof into the secries office, wch was accordinglie done : And 
which apprizers made Return of the sd warr' into the sd office, & 
valued the same att eightie-tvvo pounds monie of this province, as the 
sd warr' & return yrof, und' the hands &; sealls of y' sd philip Rich- 
ards «fe Jn° whitpain remaining on the files of Councill, more att Large 
proport. 

Att the same Councill, psentibusut antea & Wm. Clark. 

A Lett' from Jn° Brinkloe, Geo. Martin & daniell Jones, esq".. 
Some of the Justices of peace for the Countie of kent, dated 4"" Aug', 
1694, was read, qrin they Signifie to the Lt. Go'' y' att the time when 
their Last Courts of quarf sessions & Comon pleas should have been 
held, according to their Last adjournment. The sd Geo. Martin & 
daniell Jones appeared att the place appointed, & wer willing to hold 
Court, but Jn" Curtis, another of the Justices, wold not sitt, & Jn° 
Betts, another Justice, sent word by a Constable y' hee wold never 
sitt there, meaning att James Maxwell's, att the Head of Jones's, 
wherfor they look on y' Comission void ; And there being severall 
actions of moment depending, they request the Lt. Go'' to give new 
Comissions. The Lt. Go' desired the advice 6£ the Councill therin. 

It was the Unanimous Opinion of the Lt. Go'' & Councill, that his 
Excellies Comission, both for the Quart' ss. & Comon pleas to y" sd 
Countie of kent, are in force, notwithstanding the sd Justices neglect. 

Resolved, that an ord'' be sent to the Justices of y' peace of the sd 
Countie of kent, from the Leiv' Governo', to hold their Courts accord- 
inglie. 

Ordered that the provinciall Judges in their next Circuit, doe 
Inspect and Inquire into the disorders in the Countie of kent, in 
references to the times & places of holding their Courts, &; to see 
what may be the most proper place in the sd Countie to hold their 
Courts in, for the most Univcrsall case of the sd Countie, and to make 
report to the Leiv' Go'' & Councill. 



PROVINCIAL COUNCIL. 415 

The necessitie of a provinciall Judge in the room of Jn" Cann, Esq', 
deced, was urged to the Lt. Go'., there being manie appealls depend- 
ing to be tryed in 7br next, which if delayed to be tryed would give 
occasion of Complaint. 

THe Leiv' Governo' named Anthonie Morris, esq', a filt person to 
discharge y' trust, which was agreed to by the Councill, & orders 
hee should take the oaths &test next sitting of the Councill, & y' a 
Comission be prepared for him. 



4* Decemb', 1694. 

Att a Councill Held att Philadelphia the 4* day of december, 
1694. 

PRESENT : 

WM. MARKHAM, Esq'., Livet. Governo'. 

Rob' turner, > p „ Law' Cock, ^ p<5 " 

pat. Robinson, ^ * Charles Sanders, 5 

Upon reading the petion of Andree doze &: others, setting forth 
that they having obtained two Judg'' ag' Sam" peres, for 1391 & 101 
damages, w' cost of sute, & y' y^ Lt. Go' Having putt a stop to the 
execuon till his Excellies pleasure should be further known, yrfor 
requesting y° Lt. Go' would decide the bussines according to his Ex- 
cellies directions, to prevent their ruine. 

It was ordered y' the sd Sam" peres should give fresh securitie to 
the petitioners in 300b. to satisfie and pay ym all such sums of 
monie, costs, damages Sl charges as hee should be adjudged to pay, 
& to be Condemned in by the sentence of the Leiv' Go' and Coun- 
cill upon the sd appeall, who accordinglie became bound with Sam" 
Holt, by obligaon bearing date 4"' decemb', 1694, iny'sd sum of 
3001b, <k y' as full a Councill as could begott be Sumoned fordecyd- 
ing y' sd matter. 



25"^ December, 1694. 

Att a Councill Held att Philadelphia the 25"" day of december, 
1694. 

present: 
WM. MARKHAM, Esq'., Leivt. Governo'. 

Rob' Turner, > p „ pat. Robinson, > Fsn" 

Lacey Cock, 3 ^^ ' Ch. Sanders, 5 

The Lt. Go' produced to the Councill an ord' to him from His Ex- 
cellie the Chief Governo', requiring him upon receit yrof, that hee 
Cause Griffith Jones, Esq', to be sworn one of the Councill of y" 
province of pennsilvania & Countrie of New castle, wch was accord- 
inglie done : and the said Griffith Jones having taken oaths appointed 
by act of parliam' to be taken in stead of the oaths of allegiance & 
Supremacie, & Sub' the test, took his place att the board accord- 
inglie. 



416 MINUTES OF THE 

Sam" peres appearing before the Lt Governo' & Councill, did ex- 
hibit to ym a receit und' y" hand & seal of Andree doze, for himself 
& as attornie for Jettrey Martin, Mathurin Sampson & peter Mor- 
reau, qrin hee released & discharged him, y" sd Sam" peres, from all 
legacies left unto ym by peter debuc, & from all suits, Judgments or 
execuons by ym, or anieof ym, obtained ag' him, and from all sums 
of money, debts, dues. Legacies, costs of suits, either in Law or 
equitie, or anie other demands whatsoever, fi'om the beginning of 
y^ world to the day of the date hereof, being y' 22'' day of de- 
cemb'. 1694, & Sealed & dehvred in presence of david LLoyd & 
Jn" Claypoole, &; acknowledged upon the back yrof to be the act 
& deed of y' sd Andree doze, before pat Robinson, Secrie, And 
yrfor Requesting his bond of 3001b to be delivred up to him Can- 
celld : Which was accordinglie done. 

THe Secrie exhibited to the Lt. Go' & Councill the Copie of the 
record of the provinciall Court held for & in kent Countie, the 9'\ 
10"^ & y"" dayes of OctobS befor Wm. Clark, Edward Blake & Rich" 
Halliwell, esq"., making merKtion y' an ord' from the Leiv' Go' & 
Councill being read, for the provinciall Judges to inspect & Inquire 
into the disorders of the sd County of kent, in reference to y' time & 
places of holding their Courts, & to see what might be the most 
proper place in the sd Countie to hold their Countie Courts in for the 
most Universall ease of the sd Countie. 

THeir Report (in ans' to the minute of Councell the 10"' of aug'., 
1 694,) was, That the matter being largelic debated by the Judges &■ 
Justices of the sd Court, the grand Jurie, & severall persons of the sd 
Countie being then present. It was Unanimouslie agreed upon that for 
the future the sd Countie Courts should be held & keept on some part 
of y'' Land belonging to Wm. Southersby, situate on the south side of 
the Head of dover river, wch is next adjoining unto david Morgan's 
Land, And that the absolute decree & Sentence of the sd Judges was 
accordinglie, & that it be as near a Landing as may be, and there the 
same to Continoue. 



PROVINCE OF PENNSILVANIA & COUNTRIE OF NEW- 
CASTLE, 10 APRILL, 1694. 

Minutes of Councill in the Assemblie; Anno R. Ret. Ra-. 
Willielmi et Mariae, Num Angliaa Sexto. 
Alt a Councill Held att Philadelphia on Tuesday the 10*^ day of 
Aprill, 1694. 

peesent: 
COLL. WM. MARKHAM, Esq'., Livet. Governo'. 

Andrew Robeson,"^ Wm. Clarke, ^ f " 

Rob' Turner, ^Esq". George Forman, ) * 

Wm. Salway, J pat. Robinson, Secrie. 



PROVINCIAL COUNCIL. 417 

His Excellie Benj" Fletcher, the Chief Governor's Letf to the Leiv' 
Governo'" and Councill, bearing date the 26"" of March Last was read, 
which is as followcs, Viz : 

" Gentl., I did resolve to meet you & the Assemblie the 10"" of 
" Aprill next att Philadelphia, and was to sett out from hence to 
" morrow Seven-night, but that by Later intelligence from Albanie, 
" I am advised of other messengers from Canada come to draw over 
" o'" Indians, as is pretended, to hold a Conference with Count Fron- 
" tiniac, concerning peace, ^Vherupon o' Sachems are verie desirous 
" forthwith to see mee thither. The Councill being of opinion that 
" this Service is first to be attended, I think fitl to adjourn the 
" Assemblie of pennsilvania and Newcastle to the first of May next 
" ensuing, And require the Leiv' Governo'' by these pnts, to adjourn 
" the sd Assemblie to the first of May next accordinglie. I shall en- 
" deavour to be with you then. I desire the Representatives of the 
" remoter Counties to be Imediatlie wrote unto not to give themselves 
" the trouble of Setting outt too soon; The rest may meet the tenth of 
" Aprill, be sworn or attested, and then adjourned. Gentl. I am your 
" verie Loving friend. 

"BEN: FFLETCHER." 

The persons returned for representatives, Viz: Foure for the 
Countie of Philadelphia ; Sam" Richardson, Sam" Carpenter, Henrie 
Waddey and James flbx. Three for the Countie of Chester; David 
LLoyd, Caleb pussey, & Sam" Lewis. Three for the Countie of 
Bucks ; William Bile's, phinhas pemberton, and Jonathan Scaife. 
Three for the Countie of Sussex ; wherof appeared Thomas pember- 
ton and Roger Corbett, came to wait on the Leiv' Governo' and wer 
admitted. 

The Last two took the Oaths appointed by act of parliament to be 
taken insted of the oaths of Allegiance and Supremacie, and subscribed 
the Test. The other ten did Subscribe the declaraon of fidelitie and 
profession of the Christian faith, and test. 

After which the Leiv' Governo'' desired them to goe together and 
Choose their Speaker. Some time after David LLoyd, accompanied 
by the above Named Representatives, presented himself to the Leiv' 
Governo', acquainting him that the representatives there present had 
made Choice of him for their Speaker, that it was a trust much above 
his Capacitie, and for discharge wherof hee wast most Unfitt & unable. 
And therfore beseeched the Leiv' Governo'' wold Comand the Repre- 
sentatives to return and Choose a more qualified person. 

The Leiv' Governo' answered, that if they had Chosen anie one of 
their Number for their Speaker, Hee saw no reason to Object ag 
him; But you all know some are more capable to perform that dutie 
than others, and I cannot but well approve of yo'' Choice, and doubt 
not M' Speaker, but you will perform yo'' dutie with all sinceritie, and 
keep a good decorum in the house, and that you'll urge and putt them 
in mind to a Consideraon & dispatch of what shall be before you of 
their Maties affairs and Service, and their duties therto. 

Therafter M' Speaker desired they might have the Ordinarie privi- 
ledges granted them, Such as free access to the person of the Leivt. 



418 MINUTES OF THE 

Governo', A favourable Construction putt upon^their words, and free- 
dom from arrests. 

The Leiv' Governo'' made ans% that hee granted them all these as 
freelie & amplie as had been usuall. 

Then the Leiv' Governo'" told M"" Speaker and the Representatives, 
That his Excellie the Chief Governo', did intend to have mett them 
here this day, but was prevented by an express from Albanie giving 
him Intelligence of other Messengers come from Canada to draw 
over their Indians, as is pretended, to hold a Conference with Count 
Frontiniac, concerning a peace, wherupon the Sachims were Verio 
desirous forthwith to See his Excellie att Albanie, and wold bring the 
messengers along w' them thither, The Councill of New york being of 
opinion that this service was first to be attended. And therfore, his 
Excellie thought fitt to adjourn this assemblie to the first of May next, 
and required me to adjourn the same accordinglie. The Leiv' Go- 
verno' further added. That the affair his Excellie was gone about M^as 
of verie great import to this province, as well as to that of New york, 
and that our future saflie in our persons, estates & trade, did much 
depend upon the prosperous event of his Excellies going to Albanie, 
& therfore hoped they wold be well satisfied ; that his Excellies 
absence att this time was Inevitable. 

Ar Speaker desired, That they might have untill five of the after- 
noon, In regard the whether was bad & the wind ag' the members of 
Newcastle, who, as they wer informed, wer coming up by water. 
Which was granted. 

Att five the assemblie came again. Then M' Speaker desired that 
they might have time till to-morrow morning to consider of some peti- 
tions Sent them by the Counties whom they did represent, who wold 
take it ill if in some measure they did not answer their expectations. 

The Leiv' Governo'' desired them to withdraw a Little and hee 
wold consider of it with the Councill ; Wher it was resolved, That in 
respect the provincial! Judges wer to sitt next morning, that it was 
fitt the assemblie should meet the Leiv' Governo'' to morrow, at three 
in the afternoon. 

The Representatives having been called by the messenger, returned, 
and the Leiv' Governo' gave them time till to morrow, att three in the 
aflernoon, & appointed them to meet him at that time. 



[ll'^Aprill, 1694. 

Att a Councill Held att Philadelphia on Wednesday the 11*^ day of 
Aprill, 1694. 

present: 
COLL. WILLIAM MARKIIAM, Esq'., Leiv'. Governo'. 

Rob' Turner, ") r^ -n v t 

Wm Salwiv IPsn" George Forman, Esq . 

Wm. fealway, V-i^sq . Robinson, Secrie. 

Wm. Clark, J ' 

The above named representatives appeared. M' Speaker told the 



PROVINCIAL COUNCIL. 419 

Leiv' Governo' that they had considred of what yesterday hee had 
Laid befor ym, & that they had taken a Longer time than they ex- 
pected to Consider of severall things, and particularUe the amending 
of severall errors and mistakes that had been comitted by the Last 
AssembUe, by reason of his Excellics hast to be gone Last year to the 
frontcers, and that hee promised them that if anic thing vver amiss, or 
error in Clarkshipp, it should be amended. 

The Leiv' Governo'' answered, that it wold not be Long befor his 
Bxcellie wold be here, and that then that wold properlie come und' 
consideraon. 

M' Speaker said, that the Law about Stealing was in the List r^ 
Laws proposed by the Assemblic in their petition of right, to be con- 
tinoued, & yet was ommitted by their Clark to be engrossed in the roll 
of Laws signed by the Chief Governo'', and yrfor requested that that 
Law might be added to the sd roll, especially since for want yrof, 
people might be exposed to a triall for their Life for every small 
& trifling theft. 

The Leiv' Governo'' answered, that the reason why that Law was 
not continoued was becaus his Exccllie Lookt upon it to be repugnant 
to the Laws of England. 

M' Speaker said, that att the conference Last year held by some of 
the members of Councill & assemblie, they endeavoured to reconcile 
that Law to y° Law of England, & to show that it was not repug- 
nant. 

The Leivt. Governo'' told ym that hee had wrote to his Excellie 
about that Law to be continoued ; and his excellie in his ans', put the 
Judges & Justices in a way which wold elVectuallie take off anie 
danger that the people might be in for want of the sd Law : And 
the Leiv' Governo'' further added, that since they wer to be adjourned, 
He intended not to medle with Legislation; and if they wold have 
anie Law that might be beneficiall for the province. They might 
propose it to his Excellie when he came, & hee doubted not but his 
Excellie wold give ym full Satisfaction. 

W Speaker said, that their Clark was drawing up something to 
present to the Leiv' Governo'' & Councill, which hee desired them to 
consider off', and that it wold be quicklie readie. 

The Leiv' Governo' told them that his Excellie was positive to him 
to adjourn ym. 

M"" Speaker desired to see the Order, if it might be. 

The Leivt. Gnverno'" answered that hee liad such orders, and that 
they must take his word for that. 

M'' Speaker desired that if they must be adjourned that it might be 
to a Longer day than the first day of May next. In respect the 
ycarlie meeting att Salem was to begin the 27"' of Aprill, and that the 
representatives wer desirous to be there, and other conveniencies to 
the members of the Lower Counties, which the Councill was not Un- 
acquainted with, and therfor, that it might be to the 20"' of May 
next. 

The Leivt. Governo'' desired them to withdraw a Little and hee 
would advise with the Councill about it ; which they did. 



420 MINUTES OF THE 

The Leiv' Governo"" caused read his Excellies Letter the second 
time, and upon the whole, did putt it to the vote whether it was Con- 
venient to adjourn the Assembiie to a further day than was mentioned 
in his Excellies Letter, and it was caried in the aflirmative. 

A member of Councill mentioned the tenth day of May ; others 
desired that it might be Longer ; And the 20' of May falling on a 
Sunday, The Leiv' Governo'' did put it to the vote whether to adjourn 
the Assembiie to the tenth or 22'' of May next, and it was caried to 
the twenty second. 

The Representatives again appeared, and M'' Speaker presented 
to the Leiv' Governo'' and Councill a Remonstrance in these words: 

" To the Leiv' Governo' and Councill of the province of pennsil- 
"vania, Countrie of Newcastle, & the territories therto belonging. 
" The Remonstrance of the Representatives of the ffreemen of the sd 
" province & Countrie in Generall Assembiie mett, Humblie Sheweth: 
" That whereas, wee being att this time Conveened by Virtue of the 
" Leivt. Governo''" writts, which gave us no other expectation but 
" that wee might proceed in Legislation &; redressing the grievances 
" of the people whom wee represent ; But since wee are given to un- 
" derstand that 'Governo'" ffletcher, by reason of somq emergencie, is 
" prevented of being present at this Assembiie, and so it seems gave 
" ord'' to this effect. That as soon as wee wer put in a capacitie of 
" acting as an Assembiie, wee must be adjourned befor we can ac- 
"complish the Countries bussines, Which wee Conceive to be not 
" onhe inconsistent with the tenure of the sd vi'ritts, & the necessarie 
" priviledges of a Legislative Authoritie, but also, with the powers 
"granted our Leiv' Governor by the king & Queen's Letters patents; 
" Therfore, wee desire you take it not amiss If wee so farr Assert 
" our priviledges as to adjourn our Selves, in Case you think not fitt 
"in the Chief Governor's absence to proceed according to the writts 
" aforesaid, in ord'' to make Laws, & to redress the agrcivances of 
" thesd Countrie, Some of which are as follows: 

" 1'*. That wee have not the Catalogue of the Laws, with the pre- 
" amble to them, and the Governor's approbaon of ym, which wer 
" declared by the petition of Right in the Assembiie Last year to be in 
" force, that Justice may be administred according to the sd Laws in 
" the Several! Courts of Justice in this province &, Countrie. 

" 2''. That the Late Law for appealls, which gives Libertie to ap- 
" peall both in Law & equitie, Wherby the Judges and Justices of y' 
"peace have too great Libertie to desti'oy or make void the Verdicts 
" of Juries, without due care be taken; Wherfore, wee desire that the 
"Judges and Justices of y" peace may receive instructions & Caution 
" from you not to decree anie thing in equitie that may make void the 
" Verdicts of Juries, or Judgments before given in Law, in the same 
" Cause. 

" 3'. That the power given by the Late Law for raising money by 
" the Justices of the peace in their rexive Counties, may not be made 
" use of to the dissatisfaction of the Countrie, But that the Justices 
" may be Cautioned that what monic is raised to defray the publick 
" charge of the Countrie, may be done by the approbaon of the grand 



PROVINCIAL COUNCIL. 421 

" Jurie, or other Sufficient Inhabitants of the severall Counties, to as- 
" sist in and approve the severall taxes to be raised, and to have the 
" Hearing «fc examinaon of the accompts of the severall receits 6c 
" disbursments. 

" 4*. That the omissions in the Late Laws by the Clark a[»pointec[ 
"-to transcribe ym, may be Corrected, and the Laws, or such parts 
" of the Laws as are Letl; outt, may be cntred in the rolj of Laws. 

" 5*. That the monie granted to be raised the Last Assemblie, for 
" the support of this government, may be accordinglie Imployed to 
" the use it was intended, & that an accompt therof be given att the 
" next Sitting of Assembly, according to the true intent oi" the said 
" act and makers therof. 

"Philadelphia, the 11"" 2 m*, 1694. Signed by order of the liouse, 
" by BA . LLOYD, Speaker." 

Which having been read, The Leiv' Governor desii-ed M"' Speaker 
to take it again, &; att the next sitting of Assemblie they might offerr 
that, or anie thing else, to his Excellencie's consideraon. 

M' Speaker answered, that hee had orders from their house to pre- 
sent that Remonstrance to the Leiv' Governo'', but had no orders from 
them to take it again. 

Then the Leiv' Governo'' said: M' Speaker, The Councill having 
taken into their cansideraons the reasons for yo"' desire to be adjourn- 
ed till the 20"' of May, which will fall on a Sunday, They have ad- 
vised and Consented that you should be adjourned to the 22'^ of May 
next ; And accordinglie, I doe adjourn you to the sd day, Hopeing to 
meet again att that time as good friends as wee part. So, gentl., I wish 
\ou well to yo"^ homes. 

M' Speaker. Wee thank the Leiv' Governo' ; & departed. 



[21" May, 1694. 

Att a Councill Held att Philadelphia on a lAIoonday, Tiie 21'' of 
May, 1694. 

present: 
His Excellencie BENJAMIN FLETCHER, &c. 

Wm. Maekham, Esq""., Leiv' Governo'. 

Andrew Robeson,-^ ^ p, "^ 

Robert Turner, ;>Esq". vvm. Uiark, .^ 

. ■ 1 o -u- I Lawrence Cock \ ' 

patrick Robmson,J J 

His Excellie did Signifie to the Councill that hee had Sumoned ym 
to Consider of what is propper to be offered to the Assembly for their 
Maties' service. It is the opinion of the Councill that no monie will 
be granted. 

Adjourned till to-morrow morning. 



422 MINUTES OF THE 

[22'' May, 1694. 

Att a Councill Held att Philadelphia on a Tuesday the 22'' of 
May, 1694. 

PRESENT : 

His Excelly. BENJAMIN FLETCHER, Sic. 
Wm. Markham, Esq'., Leivt. Governo'. 

Andrew Robeson, 1 Wm. Sahvay, "| 

Robert Turner, [-Esq". Wm. Clarke, I Esq", 

pat Robinson, J Geo. forman. j 

The rest of the Representatives that wer not attested, nor had 
taken the oaths & Test, Viz: Richard Hally well, Henry William &; 
Jn" Donaldson, for the Countie of New castle, took the oaths ap- 
pointed to bo taken in Stead of y° oaths of allegiance and Supremacie, 
and subscribed the test. .lohn Brinckloe & Richard Wilson, for the 
Countie of kent, and Luke Watson, for the Countie of Sussex, did 
the same. Edward Blake & Wm. ifreeman, for Newcastle &; kent 
Counties, did subscribe the declaraon of fidelitie & profession of the 
Christian faith, & Test. 

Adjourned till to morrow morning. 



23''May, 1694. 

Att a Councill Held att Philadelphia on Wednesday the 23'' of 
May, 1694, 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 

Wm. Markham Esq'., Leiv' Governo'. 

Andrew Robeson,"^ Lawrence Cock, ~\ 

Robert Turner, -j>Esq". William Clark, r-Esq^;. 

i'at. Robinson, J George Forman. J 

His Excellie Ordered Secrie Robinson to Call the Speaker and 
Assembly. The Speaker and Assembly being present, His Excellie 
spoke to ym as follows: 

" M' Speaker, and you Gentl. the Representatives of this province, 

" I had designed to have mett you here the tenth of the Last mo, 
" according to the writts which I directed to Issue for calling this as- 
" sembly. But their Matics service required my hastie repair to Albany, 
" upon Intimation that the five Indian nations ( who have hitherto 
" been faithfuU to the Crown of England,) wer now debauched to 
" the frcnch interest, and entring into League with the Governo' of 
" Canada. 

" This Defection appeared to mee with so ill an aspect when I con- 
"sidred the Consequences of it, not onlie to New yorke, but to this 
" province & all the nighboring Colonics, that I thought myself 
" obliged to Lay all other bussinos aside, & apply the outtmostof my 
"endeavours to prevent so great a mischief. I could willinglie have 
" spared my self this journie, if my dutie to their Maties & my aflec- 
"tions to you, their subjects of this province, had not Compelled me 
" to it. 



PROVINCIAL COUNCIL. 423 

" 1 am therfore Come with a true & Unfeigned Zeal for your safiie 
-' & prosperitic, to Lay this Matter before you ; and in order to your 
" full satisfaction, I have brought with me the papers relating to the 
" Confefcnce I had Latelie with these Indians, by which you may see 
" what they alledge. I must also assure you that yor Indians here 
" will be compelled to join in this fatall Confedcracie. 

" I have Latelie seen, with a heavic heart, fourescore fine farms 
"all deserted about Albany, after the great expence of the owners in 
" building 6c Improving, which has been occasioned rather by the 
" unkindness of our Nighbours, who refused us their assistance, than 
" by the force of the enemie. Could we have found men to secure 
" our advance posts, Conestiguna and the HalfJSloon, these farms 
" wold have flourished still. I pray God this Leprosie may spread no 
" farther ; but I much doubt those who have shutt their eyes att a 
" distant danger, will find it come to their owne doors. 

" I am bound, as well in Justice as gratitude, to acknowledge our 
" Nighbours of the Jerseys have done more in the Comon defence than 
" all the other adjacent provinces : they sent us foure Hundred pound 
*' in Silver, Sixty odd proper men, well armed, who passed upon dutie 
" on the fronteers one year. They have now sent up thirtty men att 
" their owne Charge, and Considred of a way for their maintainance 
" during the warr. 

" Gentl., I consider yo'' principles that you will not Carie arms 
" nor Levie Monie to make warr, though for your own defence, Yet 1 
" hope you will not refuse to feed the Hungrie and Cloath the Naked. 
" My meaning is, to supply those Indian nations with such necessa- 
" ries as may influence them to a Continouance of their friendship to 
" those provinces. And now, Gentl., If you will consider wherin I 
" may be useful to you, according to the Tenor of my Comission, in 
"redressing yo'' greivances, (if anie you have,) you shall find me 
" readie to act by the rules of Loyaltie, with a true regard to Libertie 
" & propertie." 

Majo' John donaldson, Sam" Richardson, & Capt. Luke Watson, 
from the representatives, desired the Copie of his Excellie's Con- 
ference with the Indians of the five Nations att Albany, for the peru- 
sal! of the House, which are ordered them accordingly. 

Major donaldson, with foure others of the Assemblie, in behalf of 
the house, did give his Excellie thanks for his favorable speech. & 
desired they may have a Copie of it, which his Excellie ordered to 
be delivred so soon as Copyed. 

Andrew Robeson, Rob' Turner, Wm. Clark, & Wm. Salway, 
Esq"., are appointed a Committee of the Councill, to Inspect theexe- 
cuon of the act of assemblie granting to their Maties the rate of One 
penny in the pound, to Calculate the amount yrof, how much paid, 
how much in arrears, the Nett value in Newyork monie, and in 
Sterling monie of England, and what may be the most proper me- 
thods to be used for gathering in the arrearages forthwith, and to 
make report to his Excellie in Councill to-morrow afternoon. 

Adjourned till to-morrow morning. 



424 MINUTES OF THE 

[26* May, 1694. 

Att a Councill Held att Philadelphia the 26'*' of May, 1694. 

PRESENT : 

His Excelly BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq. Leiv' Governo'. 
And' Robeson, ^ Wm. Clark, "^ 

Rob' Turner, ^Esq". Geo. forman, ;>Esq". 

T)at. Robinson, J Lacy Cock, J 

The Speaker and the whole house attended his Excellie. 

The Speaker did address his Excellie, Saying, that the house had 
appointed a Committee to Consider of amendments in the Laws past, 
& desired to know of his Excellie if those LaAvs wer confirmed by 
their Maties, or disapproved. 

His Excellie was pleased to Answer that hee had received no Letter 
from Court Concerning them, but understood from a private hand 
in England that manageth some bussines there for the province of 
Ncwyork, that the Laws of Newyork and his other government are 
befor the attornie generall, being referred to him for his perusall. 

The Speaker did present some greivances, which his Excellie pro- 
mised to take into Consideration, with the advice of the Councill, and 
to remove anie greivance that Lay in his power to doe; and for amend- 
ments of Laws, that hee should be glad they wold all study amend- 
ment in Laws & everie thing else. 

His E.xcellie ordered the reading of the proceedings att Albany 
with the Indians, in the beginning of this Mo.; which was accordinglie 
done. 

Adjourned till afternoon. 



POST MERID.— AFTERNOON. 
present: 
His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Leiv' Governo'. 

And' Robeson, ? p rs pat. Robinson, ? p r, 

Rob' Turner, S "^ ' William Clark, 5 ^^"^ ' 

The house of Representatives, amongst other greivances, desired 
that the Clark of the markctt in Philadelphia may be removed from 
his office, for scverall misdemeanors in the execution therof. 

His Excellie in Councill taking into Consideraon that there is no 
particular charge ag" the Clark of the Markett, It being his priviledge 
to hear & ans' anie accusation which may be brought ag' him befor 
the proper Judges, 

It is resolved that it is not expedient to remove him from his office 
until hee be convicted of some misbehaveour to deserve it. 



PROVINCIAL COUNCIL. 425 

The Representatives havin<,f desired that the probates of wills may 
be done in each Countie, His Excellie in Councill did agree, that the 
wills be proved & administraons granted in the rexive Counties by 
such persons f>s shall be appointed lor that purpose by the ordinarie. 

The Representatives Having also desired that more ferries may be 
appointed over Skuillkill, His Excellie understanding that the appoint- 
meiit of ferries is the right of the proprietarie, In respect and Justice 
to the proprietarie, hath referred this matter to the proprietarie's 
Comissioners, who are desired to make their report therof. 

As to the Complaint for seazing the boat & Imprisoning the boat- 
man, It appearing to his Excellie to liave been done by ord' of the 
Leivt. Governo' & Councill for their proceeding in the ferrie Contra- 
rie to the proprietarie's appointment, & to his Excellies ord' since; 
Which is also referred to y*" Comrs of his proprietie. 

His Excellie appointed Leivt. Governo"' Markham, Andrew Robe- 
son, pat. Robinson, Wm. Sahvay & George Forman, Esq", a Co- 
mittee to join a Comittee of the Assemblie for the amending the errors 
of Clarkshipp & ommissions of the Laws M entioned in the Last year's 
Assemblie their petion of right, to meet att eight of the Clock Moonday 
morning, att the old Councill room, which was accordinglie done. 

The Comittee appointed by his Excellie the 23'^ of May instant, to 
inspect the execuon of the act of Assemblie granting the pennie per 
pound. Reported to his Excellie in Councill, that having examined 
the severall rates of the rexive Counties, did find that in most of the 
Counties there have been great errors & partialitie Coraitted by the 
assessors in Undervaluing their owne & others estates, wherbj the 
whole amounts but to 7601b. 16s. 2d. monie of pennsilvania ; In 
monie of Newyork to about 7001b; In English monie about 5601b; 
Which 60lb. may come short in the Sallaries for collecting the same 
& in Runawajes, So that the Nett produce may be about 5001b. 
English money. 

The Rates of the Severall Counties, with what is paid to the Re- 
ceiver generall, and what is in arrears. 

Countie of Philadelphia, 
Countie of Newcastle, 
Countie of Sussex, 
Countie of kent. Rated, 
Countie of Chester, 
Countie of Bucks, 



LSD 




LSD 


LSD 


314 11 11 




243 


72 11 11 


143 1.5 




000 


143 15 00 


101 01 9 




45 OAr". 


, 56 01 09 


88 02 10! 


paid 


61 8 4 


26 14 06 


65 00 07 




58 1 


6 19 7 


48 04 01 




000 


48 4 1 



760 16 2 406 9 4 354 6 10 

And the said Comittee Likewise Humblie offerr to his Excellie in 
(^uncill, that warrants be forthwith Issued to the rexive Collectors of 
the severall Counties, requiring them that they speedilie send up the 
arrears, which was accordinglie order'd. 



36* 



426 iMINUTES OF THE 

[29"" May, 1694. 

Atf: a Councill Held att Philadelphia the 29'" of May, 1694. 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 
VVm. Markiiam, Esq., Leiv' Governo'. 
> And' Robeson, 1 j r I- ") 

C^'ciaX? n"- GorFo'rn.anT'lEsq". 

His Excellie proposed to the Councill that since the Assemblie were 
spending their time and doing nothing in Complyance to what he had 
offered to them, they be sent for, the Queen's Letter for assisting New 
york Laid befor them for consideraon, and that they be required to 
givo a positive ans"^ ; Which is approved of. 

M' BIcake, &c. from the House of representatives, came to ask if 
his Excellie wold pass two Laws which that house alledge to have 
been omitted bj the Clark Last assemblie, which his Excellie took to 
consideration. 

His Excellie desired the opinion of the Councill, If those two Laws 
concerning stealing and robberie should pass or not. Caried in the 
affirmative. 

Ordered that M' Robinson doe Carie back the two Laws to the 
house of Representatives, and acquaint them that his Excellie is 
readic to give them such sanction as the rest of the Laws contained 
in the roll had. And that his Excellie expects they have some regard 
to what hee had proposed to them, and Commands M' Speaker and 
the whole house to attend him in Councill in the afternoon. 

Adjourned to 3 a Clock in the afternoon. 



POST MERID. 
Three a Clock afternoon. 
present: 
His Excellie BEN J" FLETCHER, &c. 
Wm. Markham, Esq'., Leivt. Governo'. 

And' Robeson, 1 Wm. Clark, 1 

Rob' Turner, I Esq". Wm. Salway, J-Esq". 

!*at, Robinson, J Geo. forman. J 

His Excellie ordered M' Jamison to desire the speaker & the whole 
iiouse to attend his Excellie in Councill forthwith, which was done. 

The Speaker and Representatives being present. His Excellencie said: 
" M' Speaker & you gcntl. of the Representatives of this province, 
" you may Remember that I did desire you to doe something which I 
" thought ncedfull for their Majesties service and your own preserva- 
'' tion in a way agreeable to yo' owne principles, which is to feed the 



PROVINCIAL COUNCIL. 427 

•' Hungrie and Cloath the naked. The Indians of the five nations are 
" a Barrier and Defence to you & all the English Colonies on this 
" main; your saftie and interest is Concerned ; they are poor and 
" naked, and in this time of warr have Lost the Libertie of hunting, 
" which is their onlie support. They are objects of yo'' charitie. I 
"judged it so reasonable a demand as could not admitt of delay. I 
" sent you the minuts of my Last Conference with them for yo' satis- 
" facon, wherby you may see that although they are brought verie 
" Low and discouraged, yet not so farr gone as to be past retreive ; I 
" know but two methods to be used with these heathen ; they are to be 
" held by Love and fear. I have been plain with them, and given one 
"Hundred dayes to Consider of their answer from the time of my 
" Last Conference, then I intend to meet them with the sword in one 
" hand and presents in the other. 

" Gentl. It were verie Convenient you did supplie mee with some 
" Considerable present of cloathing and food to be given in the name 
"of the province of pennsil van ia &; Countrie of Newcastle : you shall 
" have a particular accompt of the disposition therof I doe think of 
" other methods to gett forces to appear with me, not to trouble or 
" molest anie of yo. people; This I take to be the onlie way Left att 
" present to prevent the Indians falling off, and all the Calamities that 
" will attend it in this province, as well as the rest; you have not as 
*' yet regarded it, for ought I can Learn. 

" Gentl. You have the Queen's Letter Comanding assistance to New 
" york, which ought to have greater force than my arguments : I ex- 
" pected her Maties Comands would have so far prevailed. The origi- 
" nail was shown to the Last Assemblie, which I suppose may be 
"entred in yo"" books, or a Copie therof upon file with yo'' Clark. I 
" had no positive ans"^ from them, &; expect one from you. 

" Gent. You are witnesses that I am readie to serve you, to doe anie 
" thing in my power you can think of for yo"" ease & Satisfaction. I sett 
" up for no arbitrarie Comand, have putt no stranger over you, treated 
" no man rudely, & am as readie to grant what is in my power to serve 
" you as you to ask. I have as great a regard to the interest ot yo' 
" proprietor as anie man in the government, and wold not goe about to 
"hurt it ; But I find you slow in bussines, which makes mee think wee 
"shall have no sessions this time. Gentl. Some of you may Remem- 
" bej- 1 proposed to the Last Assemblie to Consider of some fund for 
" the support of the government, which is verie needlull, but they did 
"not think fitt to Consider of it further than that they franklie & ge- 
" nerouslie gave a penniein the pound to their Maties, and designed one 
" half therof as a mark of their respects to mee, for which I thank ym. 
" I doe Resolve you shall sec how the other part of it is disposed & what 
" the whole amounts to befor I leave you; I have Issued Orders for the 
" speedie Collecting of it, and if there is nothing else for you to doe, I 
" will adjourn for some time untill it come in ; Therfore, gentl. I shall 
" expect yo' ans' If you'll give anie thing to feed and Cloath our 
" Indians ; Consider of it, and of what I have now said Gentl. you 
" may withdraw to yo' House. 

Adjourned till 30'" instant. 



428 MINUTES OF THE 

[30* May, 1694. 

Att a Councill held at Philadelphia the 30°" of May, 1694. 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq^, Leiv' Governo'. 

And' Robeson, "^ Wm. Salway, ~1 

Rob' Turner, ;>Esq". Wm. Clark, S>Esq". 

pat. Robinson, J Geo. forman, J 

His Excellie Ordered Wm. Clark, Esq', to acquaint the assemblie 
that his Excellie expects their answer to what he had offered to them 
yesterday aflernooh, & desired to know if ther was anie bussines to 
offerr ; Who returned in answer that they had nothing to offerr this 
morning ; that they wer upon the Consideraon of what the Governo' 
spoke to ym yesterday, and believed thesy should have something to 
offerr this afternoon. 

Adjourned to the afternoon. 



[Post merid. 

POST MERIDIEM. 

present: 

His. Excellie BENJAMIN FLETCHER, &c. 

Wm. Markham, Esq'., Leiv' Governo'. 

Robert Turner, ^ ^^ ^j^^j^^ 1 

pat. Robmson, ^-Esq". Geo.' forman.' f-^'"^"' , 

Wm. Salway, J J 

Ordered, the Secrie ask the assemblie if they have anie thing else 
to offerr to his Excellie &, Councill this afternoon. The Secrie Re- 
turned that they had something to offerr presentlie. 

Wm. Biles, &c., from the House of representatives, brought up two 
Bills and presented them to his Excellie ; The one Concerning the 
regulaon of tobacco Cask, the other to stopp the transport of tobacco 
from Maryland to the Lower Counties, by Land or otherwise, not 
having first paid the dutie to their Malies. 

The said two bills wer read the first time. Ordered a second reading 
of the bill to regulate the tobacco Cask. 

Ordered, The Leiv' Governo', Andrew Robeson and Wm. Clark, 
Pilsq". be a Comittce of the Councill to conferr with a Comittee of the 
Assemblie Concerning the bills for regulating the Cask for tobacco, 
and ag' transporting of tobacco from Maryland, without the king's 
dutie being paid. 

Ordered, Secrie Robinson to acquaint the House of this ord', & 
desire them to appoint their Comittee, to meet the morrow morning. 

Adjourned to the 31" of May instant. 



PROVINCIAL COUNCIL. 429 

' [31" May, 1694. 

Att a Councill Held att Philadelphia the 31" day of May, 1694. 

present: 
His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq% Leiv' Governo''. 

And' Robeson, "1 t> i-t m 1 

pat. Robinson, Usq^ ^°^ J""""^^' Iesq''. 

Wm. Clark, J ^"°- ^°^"^^"' J ^ 

The Comittee for Considering the two bills Having Returned them 
with amendments, they wer ordered a third reading, and George For- 
man to Carie them down to the house. 

The house of representatives sent up severall new bills <k a regu- 
lation of fees. 

Adjourned to the 1'' of June, 1694. 



[P'June, 1694. 

Att a Councill Held att Philadelphia the 1'' of June, 1694. 
present: 
His Excellie BENJAMIN FLETCHER, &c. 

And"^ Robeson, ? p n P^t. Robinson, ? p ^ 

Rob' Turner, 5 ^^^ " Wm. Clark, S ^^ ' 

Ordered, the bill for Levying Countie rates be read the first time, 
which was done. Ordered a second reading. 

Ordered, the Law concerning fees be read the first time. 

Ordered, the reading of the bill for regulating weights & measures, 
which was done. 

Ordered, the reading of the bill for Continouing three Laws, which 
was done. 

His Excellie Ordered Wm. Clark &; Geo. Forman, to acquaint 
the House of representatives that his Excellie did expect to hear from 
them something in ans"' to the Queen's Letter, to know what they are 
a doing, and to desire them to dispatch this affair, and appoint a Co- 
mittee of their house to join a Comittee of the Councill this afternoon 
to Conferr upon some amendments of those bills sent yesterday. 

The Leiv' Governo'', Andrew Robeson, Robert Turner, pat. Ro- 
binson &; Wm. Clark, are appointed the Comittee to Conferr with a 
Comittee of the House of representatives accordinglie, this afternoon 
att three of the Clock, in the old Councill roome. 



430 MINUTES OF THE 

[S'' June, 1694. , 

Att an Assemblie Held att Philadelphia the 2^ of June, 1694. 

PRESENT : 

His Excellie BENJ" FLETCHER, &c. 
Wm. Markham, Esq'., Leiv* Governo'. 

And' Robeson, ") iir m i 1 

RoV Turner, lEsq". Wm. Clark, ]^ 

pat. Robinson, J ^ ^^°- f"^'"^"' J ^ 

Wm. Clark, Esq', returned the bills, with the amendments agreed 
upon to be presented by the Comittees of Councill and Assemblie and 
humblie Submitted, which wer ordered to be read. 

His Excellie the Governo' and Councill doe agree to the bill for 
regulating weights & measures, with these amendments ; That the 
Governo', with advice of the Councill, appoint the officers in Phila- 
delphia and Newcastle, and the forfeiture of five pounds therin to be 
to the king. 

His Excellie the Governo' and Councill, doe agree that the three 
old Laws ag' usurie, Sale of Intestate's Land, and taking Lands in 
execuon for debts which did expyre by their owne Limitation, be 
formed into bills & enacted de Novo. 

Ordered, George Forman, Esq', doe require the Speaker and the 
whole House to attend his Excellie in Councill forthwith ; who giving 
attendance, 

His Excellie said : " W Speaker and you gentl. the representatives 
" of this province, there are some Laws which wer Comitted to a Co- 
" mittee of Councill and Assemblie yesterday afternoon. They are 
" returned this morning with some amendments agreed unto by the 
" Comittee. I am willing to agree to what I find the opinion of the 
" Comittee, Onlie there is one Law which verie much concerns you 
" & yo' posteritie, which I cannot approve of. It is the Law for 
" raising monie to defray the Countie charges. I disapprove of the 
' method which you propose, being repugnant to the Law of England. 
" You may bring a Slaverie upon yo' posterity after you, which I 
"will not consent unto. I have the appointment of Justices of y" 
" peace over you, but I declare I cannot answer for everie person that 
" is recommended to me for that trust. By the Law of England, if 
" understood right, no monie Can be raised to defray the Countie 
" Charge but by the consent of the grand Jurie, which represents 
" the people of the Countie as you doe the bodie of the whole pro- 
" vince. I am as willing yo' debts be paid, and everie thing needfull 
" should take effect for yo' ease and good as yo' selves ; but this I 
" take to be otherwise. I have no Interest in it nor can have none. " 
" M' Speaker, you must needs know this to be repugnant to the Law 
" of England, therfore, wold have you Consider of it, & of a proper 
" method for paying yo' Countie debts, & I shall agree thereunto. 

Gentl., There is one thing more ; I wold have you to Lett me know 
how nianie bills you have before you. The time is short, therfor, 
pray dispatch them. 



PROVINCIAL COUNCIL. 4Sl 

[4'" June, 1694. 

Att a Councill Held att Philadelphia the 4* of June, 1694. 
pse>-t: 
His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markuam, Esq'., Leivt. Governo'. 
And"' Robeson, > p „ pat. Robinson, } ^ 

Robert Turner, 5 ' Wm. Clark, 5 

His Excellie Ordered Secrie Robinson to ask of the Assemblie if 
they had anie thing to oft'err this forenoon, Who returned in ans' that 
thej wold have nothing to offerr till 4 a Clock in the afternoon. 
Adjourned till 4 in the afternoon. 



[.5* June, 1694. 

Att a Councill Held att Philadelphia the 5"" day of June, 1694. 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 

And' Robeson, | William Clarke, 1^ . 

pat.Robmson, ^Esq^ George Forman, h^^^ ' 

Wm. Salway, J J 

Edward Blake, from the Representatives, brought in a bill for regu- 
lating fees. 

Adjourned to &^ instant. 



[6* June, 1694. 

Att a Councill Held att Philadelphia the Sixt of June, 1694. 
present: 
His Excellie BENJAMIN FLETCHER, &c. 
W>i. Markham, Esq'., Leiv' Governo'. 

And' Robeson, "^ Wm. Clarke, ") 

Rob' Turner, {>Esq'^. Law' Cocke, ^Esq". 

pat. Robinson, J Geo, forman, J 

The bills ag' Usurie, taking Land in execuon, & sale of Intestates ' 
estates, read a third time ; that of Usurie to be amended, & the word 
(divided, &;c.) taken away, & instead therof : (the one half to the use 
of the king, the other to the informer.) 

The bills about weights and measures, regulating tobacco Cask, 
& tobacco transported by Land from Maryland, read a third time. 

Adjor. to 7"" instant. 



432 MINUTES OF THE 

[7*^ June, 1694. 

Att a Councill Held at Philadelphia the 7"" day of Jj^ne, 1694. 
present: 
His Excellie BENJAMIN FLETCHER, &c. 
Wm. Markham, Esq'., Leivt. Governo'. 

And"" Robeson, "^ r> ^ ^ * "^ 

^ r» u- I Robert turner 

pat. Robinson, t -r^ „ t r r^ i l i- ,^ 

Wm. Clarke, ^^^^ ' Law' Cock, ^Escf. 

Wm. Salwa^, j Geo. forman, J 

His Excellie Ordered the reading of a bill giving one pennie in the 
pound, wherof 2001b. to Coll. Markham, 2001b to M' Lloyd, and the 
remainder towards presents to the Indians. 

His Excellie desired the opinion of the Councill Concerning the sd 
bill. 

The Councill are of opinion that the sd bill Cannot pass, and that 
it is no answer to the Queen's Letter, nor does anie thing towards the 
support of the government. 

His Excellie sent for the Speaker &, the whole house, and then 
said : 

" M' Speaker, &c. You have mistaken the form of the bill. 1 
" can pass no bill to Leavie monie on their Maties Subjects for my- 
" self, or for the use of anie other person whatsoever. Their Maties, 
" or their particular service, must be first regarded in all Leavies, 
" and if you design a favour for Coll. Markham or M' LLoyd, yoi:r 
" method is to raise a fund answerable to the Queen's Letter and their 
" Maties expectations for the securitie of the fronteers and assistance 
" of Newyork, and then to pray their Maties wold be pleased to allow 
" outt of "that sum what you intend for these gentl. I find you goe 
" about to appoint yo' owne Collector : as you cannot raise monie or 
" give it to anie other but their Maties, So you Cannot appoint such 
" an officer; Indeed it appears an Unmannerlie distrust of the person 
" in that office alreadie Comissionated, and it Looks Like putting it 
" outt of their Maties power (if you could) to disallow of yo' act. I 
" shall suspend my determination as to the other bill till you Con- 
" sider better of this, and doe again putt you in mind of a possitive 
" answer to their majesties Letter." 

Adjourned till morrow morning. 



[S"- June, 1694. 

Att a Councill Held att philadeliphia the 8'" of June, 1694. 

present: 

His Excellie BENJAMIN FLETCHER, &c. 

Wm. Markham, Esq'., Leiv' Governo'. 

And' Robeson, "^ ^ Clarke ^ 

Rob' Turner, ^Esq". Wm. Uarke, ^^ 

Wm.Salway, J ^"°- ^^™''»"' J 

M' Blake, &c. from the House of Representatives, presented an 



PROVINCIAL COUNCIL. 43? 

address, wherin tliey pray the passing of the Bill for the 400" to 
Coll. Markham «fe M"' LLoyd, and alledgc it warrantable ; which was 
read. 

The said gentl. giving his Excellie accompt that the house are 
Considering of an ans' to the Queen's Letter, to give them time to 
deliberate, His Excellie did adjourn till morrow morning. 

Adjourned till 9'" of June 1694. 



[O"' June, 1694. 

Att a Councill Held att Philadelphia the 9'" day of June, 1694. 

PRESENT : 

His Excellie BENJAMIN FLETCHER, &c. 

Wm. Markham, Esq". Leiv' Governo^ 

And^ Robeson, 1 ^ p, ■ ") 

Robt^Tumer, lE,q". S'San,' \^^"- 

pat. Kobmson, J J 

The memoriall of And"^ Hamilton, esq', given in to his Excellie & 
Councill, was read and recommended to the Consideraon of the 
Assembly, and was ordered to be caried to them by Wm. Clark, 
Esq'. ' 

The House of Representatives having Considered the said paper, 
doc find no Cause att present to add to the Salleric belonging to t}>e 
})Ost office as established by the law made here Last Assembly. 

M' Bleake, Major Donaldson, Sam'' Carpenter and Wm. Biles, 
brought up a Remonstrance in ans' to the Queen's Letter, which was 
read, viz : 

" To Benj° ffletcher, Capt. Generall and Governor in Chief of this 
" province of pennsilvania and Countrie of Newcastle. The Remon- 
" strance of the freemen of the said province and Countrie in genc- 
" rail Assemblie mett, Humblie Sheweth: That having read thy 
" speech delivered us the 23'' of the 3*^ mo., 1694, as also having 
" Considered the message sent us from thee and the Councill on the 
" first day of this M"., with respect to the Queen's Letter, Wee find 
" upon perusall of the minuts of Assembly held here about 12 M'. 
" agoe, that the rate, or tax, then granted to the king and Queen, was 
'• in Complyance to the aforesaid Letter, so farr as the religious per- 
" suasion of the most part of that Assemblie could admitt, and 
' although the said tax amounted to seven hundred and sixtie pounds, 
'• nnd the greatest part therof paid in by the Countrie to the rexive 
" Collectors, and (as it seems) in great readiness to be received by 
" the Treasurer, v/hich wee lookc upon to be a verie Considerable 
■' demonstraon of our realitie and aflection towards the king and 
• Queen, Considering the Circumstances and infancic of this place. 

37 



434 MINUTES OF THE 

" and what our nighbouring provinces (who are of much more abili- 
" tie, but under no Less obligaon than wee are in that respect) have 
" Contributed upon the Like occasion ; Yet notwithstanding ail wee 
" have done, wee find that wee are not suteablie represented to the 
" Indians in the Late treaties thou had with them att Albany ; and 
" not onlie soe, but wee perceive by thy speech that the five Indian 
" nations (who till of Late have been faithfuU to the Crown of Eng- 
" land) are now drawen over to the french interest, and our Indians 
" here Like to be Compelled to join in that fatall Confederacie, unles 
" prevented through thy prudent management in returning the said 
" five Nations to their former friendshipp with the English ; for the 
" accomplishment wherof, If what has been raised for support of go- 
*' vernm', (allowing a Competent Consideraon to the Lciv' Go' for his 
" Last year's service,) or in case anie thing that wee shall Contri- 
" bute towards the Supplying of the Indians with necessaries for food 
" and rayment, shall receive that Candor as to be accompted o' assisi- 
" ance, In order to influence and gain them to a Continouance of 
" their former amitic with these provinces, wee shall with all readi- 
" ness acquiesce that a Sutcable proportion of the monie raised, or 
" intended to be raised & appropriated by us to that use, Shall be a 
" reputed and taken as a support to this governm'. Therfore, wee ' 
" desire that wee may be accordinglie Represented to the Indians, & 
" not rekoned among those that refuse to Comply either with the 
" Queen's Letter or thy Just Comands, which otherwise may prove | 
" of ill consequence to us. Signed by ord*" of tlie house, this 8"* 4* Mo. 
" 1G94, p. DA'' LLOYD, Speaker." 

Adjourned till afternoon. 



[Post merid. 

POST MERIDIEM, 
present: 
His Excellie BENJAMIN FLETCHER. 
Wm. Markiiam, Esq'., Leivt. Governo'. 

And' Robeson, "] Wm. Sahvay, ") 

Rob' Turner, j-Esq". Wm. Clarke, I Esq''. 

})at. Robinson, j ^^<^o. forman, J 

It is the opinion of the Council! that his Excellie dissolve the 
Assemblie. 

Ordered, M' foreman call the whole house of representatives. 

M' Speaker and the whole house being present, his Excellie said : 

" M' Speaker, you liave now satt nineteen dayes without the Least 
Consideraon of their Maties Service in the Securitie of the province; 
you have applied the first part of yo' time in the searching for grie- 
vances, which will all appear to be the eHccts of yor owne weaknes 
in not redressing ym by the due course of the Laws, there not helnir 
one of the foure you took such pains to hunt for but must reflect upon 
yo' proprietor or yo'sclvcs. 



PROVINCIAL COUNCIL. 435 

You have Laid some bills before me. First, you desire me to give 
Sanction to two bills ag' Robbing and Stealing, which tho' (as you 
word ym) they are not Consonant to the Laws of England, yett att 
yo' instance and request I doe allow of them, till their Matics pleasure 
be further knowen. And so for the rest, viz: 2'', that for ragulating 
weights and measures. 3'', That for Regulating Tobacco Cask. 4th, 
That ag' Importing Tobacco by Land from Maryland. 5th, that for 
Limiting the Interest of money to eight per cent. 6th, That to make 
land and freehold liable to execuon for debt. 7th, That for Impower- 
ing the widow and exers. to sell Land for paym' of debts. 

These other bills I cannot pass. First, the bill for Countie Levies, 
which appears most unreasonable and Contrary to the Laws of 
England and the Comon practice in anie of their Maties dominions, 
for particular persons to Levie money upon the subject wtout their 
owne Consent. A grand Jurie att the Quarter sessions doe represent 
the Countie, and are Judges of the necessarie charges of the Countie, 
and may present such sums of money as are Convenient for the 
repairing highwayes, bridges, &c. and the Justices take care to order 
it accordinglie; But in this Bill the Justices and Representatives of 
each Countie are empowred wiout a grand Jurie, and ag' their Con- 
sents, to Levie money att pleasure, under a pretence of paying old 
debts of twelve years standing. The Second is a Bill for Regula- 
ting fees. This power is by their Matics Letters patents invested in 
the Governo'' & Councill, & care shall be taken therof,,as in the pro- 
vince of Newyork, to yo'' generall satisfaction. 

The third is for a Sallarie for Assemblie men of Six shillings a day, 
I recomended to yo"" Care a support for the Leivt. Governo', the 
Judges &> other officers who act by their Maties Comission in this 
province. To which you have allwayes Lent a deaf eare; And I find 
yo' members of Assemblie have a way to gett their old allowance of 
three shills. a day by a bill for defraying Countie charges. This I 
think, is sufficient wages. 

The fourth is the money Bill, Wherin you have no regard to what 
I proposed to you for their Maties service. In enabling mee to ans' 
her Maties Letter for assistance to Newyork, tho' proposed in such a 
way as is agreeable to the most tender Consciences among you. 
You wold raise monie upon the subject & dispose of it at yo' pleasure 
to the two Late deputies in such a manner as I cannot consent to, 
being Limited by my instructions. You wold also putt itt outt of 
their Matics power to approve or disallow of yo' gift ; you will not 
trust the Receiver generall appointed by authoritie of the Crown, but 
name one of yo' owne, who shall not be accomptable for the sd sum, 
but to the two Late deputies: And you wold by this bill give a certain 
sum of 4001b. to those two gentl, who never acted by 1 mediate Comis- 
sion from the Crown, and Leave the uncertain fragment for the 
support of governm', which, according to the measure of yo' Late 
aplottment, will not amount to lOOlb. s'; I am apt to believe to 
nothing. 

Now Gentl. finding no prospect of yo' Inclinaons for their Maties 



436 MINUTES OF THE 

service or your owne saftie, I think fitt to dissolve this present assem- 
blie, and you are hereby dissolved. 
The end of the Second Sessions of Councill and Assembly. 



[5* Febry, 1694-5. 

Att a Councill Held att Philadelphia the 5"" day of February. 
1694-5. 

present: 
WM. MARKHAM, Esq^, Livet. Governo'. 

Robert Turner, > ^ ,, Law' Cock, } „ 

pat. Robinson, 5 *^' ' Charles Sanders, 5 ^^ 

The Leivt. Governo' showed the Councill an Ord"^ from his Excelly 
the Chief Governo', Requiring him that hee cause Jn" Donaldson, 
Esq', be sworn one of the Councill for the province of pennsilvania 
& Countrie of Newcastle ; which was accordinglie done. And the 
said Jn" Donaldson Having taken the oaths appointed by act of par- 
liam' to be taken instead of the oathes of allegiance and Supremacie, 
& subscribed the test, took his place att the board accordingly. 



26'" March, 1695. 

Att a Councill Held att Philadelphia the 26* day of March, 1695. 
WM. MARKHAM, Esq^ Leivt. Governo^ 
Rob' Turner, 



pat. Robinson, tesq". Vno'l';.'.";r.''n' > *^sq'' 

3rs, J 



Griffith Jones, 

1-,, , ci 1 I Jn donaldson, 

Charles Sanders, J 



The Leiv' Govcrno'' said to this effect: Gentl. I am glad of this 
opportunitie to acquaint you thatl Have Latelie received their Maties 
Letters' patents, by which they have been graciouslie pleased to restore 
/.he proprietor to the government of this province of pennsilvania & 
territories, and that the proprietor has been pleased to send mee a 
Comission to be Govcrno"' therof under him, both which Lye before 
you for yo' perusall, and which I intend to Cause publish forth- 
with ; But before I doc, or that I enter upon the government, or that 
you arc dismist from being their Maties Councill, I judge it Requisitt 
to take those oaths that Governors are by Law obliged to take, before 
you, that you may be wittnesses therof; And I desire the secrie to 
administer the same unto mee. 



PROVINCIAL COUNCIL. 487 

Wherupon, the Secrie did administer to the sd Wm. Markham,the 
oaths appointed by act of parliament to be taken in sted of the oathes 
of allegiance & supremacie, also hee subscribed the test, as also the 
oathes appointed by the act of parliam' made in the 1 2* year of the 
reign of Charles y° 2', Entitled an act for the encouragement & 
Increasing of Shipping & navigation ; &> by the act of parliam' made 
in the IS"" year of his sd reign, Entitled an act for the encouragement 
of trade. All which oathes the sd Wm. Markham did Solemnlie take 
in psence of the sd Councill. 

The Leiv' Governo'' did also desire the Secrie to Record their said 
Maties Letters patents for Restoring the proprietor to his government, 
and the proprietor's Comission to him to be Governo' under him, in 
this minuts of Councill book. 

The Leiv' Governo'' then said : Gentl. I thank you for the true 
allegiance and Loyaltie I have observed in you all to their Maties, o' 
Soveraign Lord & Lady, Wm. & Mary, which you have showen by 
yo' readiness and willingness to their Service upon all occasions. I 
also thank you for all yo' kindnesses to mee whilest Leiv' Go- 
verno', for all which you shall alwaycs find mee readie to serve you 
wherin I may. Pray gentl, As it is all o' duties, See let us hereby 
jointlie give o' heartie thanks to his Excelly Governo'' fletcher, for his 
care of y"' province, and for his affections to the proprietor and us, 
Humblie beseeching His Excellie that hee will be pleased still to Con- 
tinou y° same, assuring him of our true, sincere and unfeigned 
respects and service to o'' outmost ; To which all the Council Heartilie 
assented. Then the Leiv' Governo'' said : Gentl. I desire you will 
attend the publishing of their Maties Letters patents, which will be 
the Last act you can doe as their Maties Councill under His Excellie 
Governor fletcher ; Whereby you will yet the more express yo' 
readie obedience to their Maties Commands. Soe bid you Heartilie 
fiirewcll. 

Here follow their Maties Letters patents. 

Their Maties king William & Queen Mary's Letters patents restor- 
ing Wm. penn. Esq'', proprietor of pennsilvania, to the govcrnm' of 
the said province : 

William & Mary, by the Grace of God, king & Queen of England, 
Scotland, ffrance & Ireland, defend" of the faith, &c. Wheras, upon 
informaon that by reason of great miscarriages in the government 
of our province of pennsilvania in America, & the absence of the 
proprietor, the same was fallen into disorder & confusion. By means 
wherof not onlie the publick peace & administvaon of Justice was 
broken &, violated. But there was also great want of provision for the 
guard and defence of our sd province ag' our enemies, v/herby it was 
apprehended that our sd province & the adjacent Colonies, wer much 
in danger of being Lost from the Crown of England ; for prevention 
therof, as much as in us Lay, &l for the better defence & Sccuritie 
of o' subjects Inhabiting those parts during this time of warr. Wee 
did llnd it absolutlie necessarie to take the government therof into our 
hands, and under our Immsdiat Care & protection ; And did ther- 
upon, by Letters patents under our great, Seal of England, bearing 

37* 



438 MINUTES OF THE 

date the Tvventie-first day of October, in the fourth yeare of our reign, 
Constitute and appoint our trustie & well beloved Benjamin Fletcher, 
esq', our Captain Generall and Governo"^ in Chief of our province of 
Nevvyork, to be our Captain generall and Governor in Chief in and 
over our said province of pennsilvania & Countrie of New castle, 
and all the Territories* and tracts of Land depending theron in 
America, with directions to take the said province and Countrie 
under his government: And did therby grant unto him, the sd Benja- 
min Fletcher, and in Case of his death or absence cutt of o' province 
of Newyork & pennsilvania, our Countrie of New castle and our 
Colonies of East and West New Jersey, unto such person as should 
be appointed by us to be Commander in Chief of our said province 
of Newyork, or to our Councill of our sd province, the Like powers 
and authorities as wer granted by our Comission to the said Benjamin 
Fletcher, bearing date the eighteenth day of March, in the said fourth 
year of our reign, for the ruling & governing of o"" sd province of New 
york : and wheras. Humble application Has been made unto us by our 
trusty and well beloved William penn,Esq. proprietor of or sd province 
of pennsilvania, that heemay be restored to the administration of the 
government therof as formerlie: And wheras, the said proprietor 
Has given us good assurance that hec will take care of the govern- 
ment of our said province & Territories, and provide for the safiie 
and securitie therof all that in him Lyes, Wee have therupon thouglit 
jitt to restore him to the administraon of the government of o' sd 
province & Territories, and accordinglie, our will & pleasure is, 
that soc much of our said Comission bearing date the twentie-first 
day of October, in the fourth year of our reign, as doe constitute <S>r 
appoint our trustie & well beloved Benjamin Fletcher, Esq'., to be 
our Captain Generall and Governo'' in Chief of our said province of 
pennsilvania, Countrie of newcastle, & the territories & tracts of Land 
depending theron in America, together with all the powers and authori- 
ties therby granted for the ruling and governing of our sd province 
and Countrie, doe from the publicaon of these our Letters patents, 
cease, determin & become void, and accordinglie, the same are hereby 
declared void ; of which all persons whom it may concern are to take 
notice & govern ymselves accordinglie. Under paine of our Highest 
displeasure. In wittnes wherof, wee Have caused these our letters to 
1)0 made patents. Wittness ourSelves att Westminster, the twentieth 
day of August, in the Sixt year of our reign. 

By writt of privie Seal, with 
the great Seal appended, in yel- 
low wax. 

PIGGOTT. 



Indorsed a duplicate of the grant 
to William penn, Esq'. 

PIGOTT. 



Wm. penn, propriatorie of pennsilvania, &;c. His Commission To 
Wni. Markham, to be Governor under him of the sd province and 
Ciountrics annexed. 

o ] ^ , "I William penn, proprietaric of the province of pennsil- 
[■vania & Counties annexed, to his Trustie and beloved 
' ' J friend and kinsman, William Markham, Greeting: 

Being as yet unable to goe myself, and having not time to make 



PROVINCIAL COUNCIL. 4^9 

anie other settlements of publick affairs than that which followes, 
And reposing speciall Confidence in thy justice, prudence and integri- 
tie, I have hereby thought fitt to Nominate & appoint thee Governo' 
of my said province, &c. under me, And I doe hereby deolare and Con- 
stitute thee Governo' of the same as aforesaid ; Hereby also appointing 
& constituting for the more easie discharge of the trust reposed in thee, 
Two assistants, viz : John Goodson and Samuell Carpenter of Phila- 
delphia, in the province aforesd, strictlie charging and requiring thee 
in all things to govern according to the known Laws & usages therof, 
and with the advice and Consent of both, or one of them ; And par- 
ticularlie, that Care be taken to Suppress all vice and disorderlie 
walking, by reviving and zealouslie executing all those Laws that 
tend to Sobriety — Strictlie charging all persons concerned to give 
thee & assistants the respect due to yo' respective stations in govern- 
ment; Hereby revocking all former Comissions granted by mee, And 
this Comission to Continou in force till farder order from mee. Given 
att BristoU, this twentie-fourth day of the ninth month, one thousand 
Six Hundred ninty and four. WM. PENN. 



Wm. penn's Commission to John Goodson & Sam" Carpenter, ta 
be assistants. 

William penn, proprietary of the province of pennsilvania, &c., to 
his trustie S& Loving friends John Goodson and Samuell Carpenter i 
Wheras, I Have appointed and Constituted my Cousin William Mark- 
ham, Governour under mee of my province of pennsilvania, &c., 
and taking into Consideration the state of the province, and his fre- 
quent indisposition, I have thought fitt. Reposing Speciall Confidence 
in yor Justice, prudence &; Integritie, To appoint and Constitute you 
assistants to him in government, according as is expressed in his 
Commission, by your advice and Consent, or the advice and Consent 
of one of you, to transact and govern the affairs of the said province 
in my absence, according to the Laws & usages therof; Requiring 
all people to give you the respect that is due to you in that station 
and Capacitie. Given att Bristol), this Twenty-fourth day of the 
ninth month, 1694. WM. PENN. 



[PnrLADELPHiA, 2S' ApHll, 1695. 

Att a Councill Held att Philadelphia Die Martis, 23^ Aprill, 1695. 

PRESENT : 

WM. MARKHAM, Esq'., Go', under Wm. penn, &c. 
Sam" Carpenter, David Lloyd, Jn" Donaldsonn, 

Sam" Richardson, Caleb pussey, Jn'' Williams, 

Anthony Morris, George Maris, Rich'* Hall j- well. 

Upon reading the petion of Wm. Troutt, It was ordered that the 
triall of the Seizure of the briganteen yrin named, should be in the 



440 MINUTES OF THE 

Countie of Chester, upon the 18"" of Aprill instant, and that a Comis- 
sion be accordinglie granted, <fc a warrantt to the sheriff of that 
Countie to Summon a Jury. 

Upon reading the petion of Jn° Holme, It was ordered y' Sam" Rich- 
ardson, David Lloyd & Anthonie Morris, doe inspect the acco" in the 
sd petion mentioned, and make report this afternoone. 

Upon reading the petion of Sam" peres. It was ordered That exe- 
cuon & all further proceedings att y' Comon Law be stop't till y' 
cause yrin mentned be heard at next provinciall Court in equitie. 

Upon reading the petion of Ralph Ward, Ordered y' Hee & the 
Sheriff complained ag', appear att this board to-morrow morning. 

Upon reading the petion of Jn° king, Ordered y' Eliz'. Hooton, by 
her self or attornie, appear to-morrow morning att this board. To 
show cause (if anie they have) why a procedendo should not Issue, 
<fc y' y' Secrie give her a Copie of y" sd petion & of this order. 

Upon reading the petion of Edmond Button, Ordered y' hee & 
Sam" Atkins, Complained ag', appear to-morrow morning att this 
board. 

Adjourned to 5 post meridiem. 



POST MERID. 
Five in the afternoone. 

PRESENT : 

WM. MARKHAM, Esq'., Governo', & others, as in the forenoone. 

Sam" Richardson, David Lloyd &; Anthony Morris, Reported to 
this board, That by the inspection of y' acco'' mentned in Jn° Holmes' 
petion, the estate of Nicholas & Marie More's, deceased, are Consid- 
erablie indebted to severall psons upwards of 3701b. And yrfore, 
the Go' & Councill ordered. That the sd Jn" Holme might be per- 
mitted & allowed, & is hereby permitted & allowed to sell the plan- 
taon of Green-spring, with all y' Lands & improvments therto belong- 
ing, & such parts of the manuor of moreland as decended to Sam" 
More, deceased, or were Lotted outt for y' sd Sam" & Rebecca I\Iores, 
(ieced, as may amount to what they dyed indebted to him, y' sd Jn° 
Holme ^ others, and such other parts of the estate of y' sd Nicholas, 
Marie, Sam" &, Rebecca Mores, deced, as will onlie defray their just 
debts, & the educaon of the said Nicholas Mores' Surviving children, 
»fe the better Imjirovmcnt of the remainder of the sd estate, according 
to Law. And further Ordered, that the members of Councill for the 
C-ountie of Philadelphia, or anic two of ym, may supervise the sd 
«ales that tliey be made for true & valuable Consideraons & not 
undersold. 

Adjourned to 24"' Aprill instant. 



PROVINCIAL COUNCIL. 441 

[24"" Aprill, 1695. 

Att a Councill Held att Philadelphia Die Mercury, 24"" Aprill, 
1695. 

present: 
WM. MARKHAM, Esq'., Governo'', und"" Wm. pcnn, &c.,et ysdera 

ut an tea. 

John More appeared on y" behalf of Eliz. Hooton &; Jn° king, by 
himself <Sc Griffith Jones on his behalf, and upon reading y*" sd Jn° 
king's petion, & some debate yron by the attornics on both sides, 
The further debate yron was referred to the 1 8"' day of May next. 

Upon Reading the petion of Ralph Ward, Ordered y' y' sd Ralph 
paying y^ two fines of ten shills. each, & the Lau" charges, y' y" Sheriff 
return him y° goods taken upon execuon. If unsold. 

Upon reading the petion of Edmond dutton, ag' Sam'^ Atkins, Sam" 
having had notice to appear & ans' y*" same but did not, Ordered y' 
both the execuons of both the sd Judgm" obtained by y" sd Sam'' 
Atkins ag' the sd Edmond dutton, be stopt, &; y' the whole matter be, 
and is hereby referred to the further Consideraon, explicaon & deter- 
minaon of y" next provinciall Court in equitie. 

Upon reading the petion of Hugh Hall ag' James Stanfield, By the 
consent of the said James, It was ordered y' Hugh Hall have an 
appeall granted him from the judgm' of the Countie Court to y" next 
provinciall Court in equitie, ag' y*" sd James, The sd Hugh Hall giving 
good securitie to prosecute the said appeall, & to pay all costs & 
damases that shall be awarded aa;' him. 



Att a Councill Held att Philadelphia Die Saturni, 25 May, 1695. 

PRESENT : 

WM. MARKHAM, Esq;., Governo"", und' Wm. penn, & all the mem- 
bers of Councill. 

Upon Reading the petion of Jn° king ag' Eliz. Hooton, & the two 
orders yron, y' 23'^ & 24'" of Aprill Last past, Ordered y' y" further 
Hearing of the sd petion be befor all Comittee of all the repsen- 
tatives of Councill, & y' they make report yrof to the Gor. in 
Councill. 

Upon Reading the petion of Robert Wade ag' the Countie of Ches- 
ter, for the grand Jurie of the sd Countie their taking away his proper- 
tie in Chester for a Landing, by virtue of y" 100'' Law of the province, 
enacting that each Countie Court of this province & territories yrof, 
shall appoint & settle a sufficient Cart-way to the most convenient 
Landing place in their rexive Counties for publick use & benefit. 

After a full debate. The Question was putt by the Governo% 
whether the sd Law could Justifie the sd grand Jurie's act? And it 
was Caried in the Negative. 



442 MINUTES OF THE 

Wherupon, it was ordered by the Governor and Councill, that the 
said Robert Wade, nor his assigns, be no further troubled, molested 
nor disquieted in the peaceable possession of his propertie. 

Upon Reading the petion of Sam" Lewis, Ordered that the repsen- 
tatives in Councill for the Countie of Chester, examine & hear the 
whole matter, & that they Have yrby power to call before ym all 
persons concerned in the sd Complaint, both pties & wittnesses, & 
make report therof to the Governo' and Councill. 

Upon reading the petion of Tenniss Lins, Ordered that the Sheriff 
of the Countie of Chester give the petion' an order for the goods hee 
took in execuon of Israeli Taylor's, & that hee have his remeadie att 
Law for the remainder of his debt, & damages. 

Upon Reading the petion of Thomas Herris, It was the opinion of 
the Go' & Councill that the matf is not cognizable befor ym, seeing 
hee might have had an appeall to the County Court in equity. 

Upon reading the petion of Jn" Hugg ag' Benj" Chambers, Referred 
to Law. 

Upon reading the petions of Henrie peirce & Wm. Howell, Refer- 
red to Com" of proptie. 

Upon reading the petion of Chester Countie for a ferrie att the 
rock ; And of the welsh for a ferrie att Wm. powell's ; And of some 
of the Inhabitants of Philadelphia about Securing their gun-powd', 
& providing of Ladders & Leather bucketts ; and of another ag' dis- 
orders in sd towne ; and of another about Tann'd Leather ; These 5 
petions wer referred to the Committee for preparing of Bills to be 
past into Laws. 

Upon Reading the petion of Griffeth Owen ag' Wm. Hawkes & Jn" 
More, for detaining from him a patent delivered them to make some 
writtings by, Ordered that sd Hawkes attend y° Governor &; Councill 
the 28* instant. 



[28* May, 1695. 

Att a Councill Held att Philadelphia Die Martis, 28"- May, 1695. 

present: 
WM. MARKHAM, Esq'., Go' under Wm. penn, &c., & all the mem- 
bers except Jos. Growdon. 

Upon Reading the petion of Griff. Owen, Appeared Wm. Hawkes, 
& upon Hearing, It was Ordered y' sd Hawkes give the pa's to David 
Lloyd to be recorded, & there to remain till the severall grants be 
made to the pties y'in concerned, & till the sd parties agree in whois 
hands it shall be Lodged. 

Upon Reading the petion of Comfort Scott ag' Wm. Clark, & his 
ans' therto, Itt was referred to the Comrs. of propertie. 



PROVINCIAL COUNCIL. 443 

[30"> May, 1695. 

Att a Councill Held att Philadelphia Die Jovis, 30"' May, 1695. 
present: 
WM. MARKHAM Esq'., Go' und' Wm. Penn, &c., & all the mem- 
bers except as above. 

Upon reading the petion of Joseph Wood ag' Wm. Shardlow & his 
attornie, Charles Sanders, The matter was Left to the Course of the 
Comon Law, & it was recommended to the Justices of the Countie 
Court to inspect the matter. 

Upon reading the petion of Thomas Herris relating to his former, 
It was the opinion of the Go' & Councill y' was not Cognizable before 
them. 

Upon Reading the petion of Jn" king ag' Eliz. Hooton, Ordered 
that a writt Issue from the Go' to the provinciall Judges, to try the 
appeall depending between Eliz. Hooton & Jn° king, & forthwith to 
proceed to Judgm' therupon. 

Upon Reading the petion of Sam" Atkins ag' Sam" preston, Late 
Sheriff of the Countie of Sussex, The petition' is Left to his Course 
att Law. 



[15* June, 1695. 

Att a Councill Held att Philadelphia Die Saturni, IS"' June, 1695. 
present: 
WM. MARKHAM, Esq'., Governo' und' Wm. penn, &c. 
Sam" Carpenter, David Lloyd, William Clark, 

Anthony Morris, Rich" Hallywell, phin. pemberton. 

Joseph Growden, Griffith Jones, 

The Go' Having acquainted the Councill of some reports hee had 
heard of the designs of o' enemies the French, ag" these parts, & y' 
they had a Squadron of Shipps att sea bound for y^ plantaons, to 
attack ym, & y' some of the members of this board had proposed to 
him that a watch on Cape Inlopen to be keept, might be of Service, 
to give notice if anie suspicious vessells should appeare wtin sight of 
sd Cape, 

The Go' putt it to the Question, whether a watch there wold not 
l)C nccessarie, convenient, & of service to the publick. It was caried 
in the affirmative, nemine Contradicente ; And for defraying the pub- 
lick charge yrof, It was Resolved y' the Go' &, repsentatives in Coun- 
cil wold effectual! ie Recomend the same to the next assemblie, and 
that in the meantime, the Go' should Issue an ord' to the Justices of 
the peace for the Countie of Sussex, that they Cause the sd Watch to 
be keept on the sd Cape by two men to the first day of Octob' next 
ensuing, from five in the morning to Seven of the Clock att night; 
which was accordinglie done, & delivred to Wm. Clarke. 



444 MINUTES OF THE 

[IS"- June, 1695. 

Atta Councill Held att Philadelphia Die Martis, 18"" June, 1695. 

PRESENT : 

Wm. MARKHAM, Esq'., Go' under Wm. penn,&c. 

Sam" Carpenter, David Lloyd, Rich"^ Hallywell, 

Sam" Richardson, John Donaldson, William Clark. 

Upon reading the potion of Harm an Lawrier, Setting forth that 
there are 4 children belonging to his Sister in the sd Countie of New- 
castle, whom hce requests that hee may be permitted to take ym to 
Newyork, & engages to take such Care of yr education as becomes 
their qualitic & his relation to ym. It was the opinion of the Go' dc 
Councill y' y*' sd Harman take the children y'in named into his Care 
& custodie, & after hee has made such satisfacon to the pties y' have 
keept ym as is reasonable, <5c given securitie to the Justices of y'' 
Court for Indemnifying the said Countie ag' the sd children, Hee may 
transport ym outt of this governm' to Newyork. 



[29'" June, 1695. 

Att a Councill Held att philadcltphia Die Veneris, 29"' June, 1695. 
present: 
WM. MARKHAM, Esq'., Go' under Wm. penn, '&c. 
David Lloyd, Rich'^ Hallywell, Wm. Clarke, 

Jn" donaldson, Griffith Jones, Tho. pemberton. 

The Go' Spake to this effect : " Geutl, Seeing it will require a Long 
" time to gett a full Councill, by reason of the remoteness of mania 
" of y" members, I Let you know That having Latelie received 
" another Lre from His Excelly Governo' Fletcher, I thought it 
" necessarie to call a Councill as soon as I could ; I hop't indeed to 
" have had a Larger number present than I find come." However, 
his Excelly Governo' Fletcher's Lre being read, wherin hee applied 
himself to Go' Markham that a Quota of Eighty men, with their 
proper officers, viz : One Captain, Two Leivts., Three Sergeants, 
Three Corporalls & two drummers, or the value of the charges for 
maintaining the same, be provided & sent to Newyork by the first of 
August next, in obedience to the Comand of her Late Matie & for 
his Maties Service, in order to the Generall defence of this part of his 
Maties empyre. 

After the reading whcrof, The Go' said: " Gentl. When his Excel- 
" lie Governo' Fletcher, by his Lre to mce of the 15'" of Aprill- Last 
■ " past, made his first demand of y'^ sd Quota of men, or the value of 
" the charges lor maintaining the same. Requiring that they should 
" be provided & sent to New york by the first of May Last past, 
" You know the ans' you gave to it, viz: That you wer not in a 
'' capacitie to give a full & Satisfactorie ans' to soo weighfie a matter 
" wtout a generall Assemblie, And that most of the members Living 



PROVINCIAL COUNCIL. 445 

" soe remote from this place, & harvest drawing on so near that they 
" could not meet till about the 9* of 7ber next, & yrfore, you yn 
" advised mee to Comand the Assemblie to meet the sd day to advise 
" & Consult yrupon. 

" Gentl., You know that I thought that time too long, &c y'fore yn 
"desired you to Consider further before you resolved; yet you then 
" replied that you had deliberatlie Considred of it, ck that it wold be 
" to the ruine of manic families to be from home in harvest. There- 
" fore, I now desire you seriouslie to Consider what ans"' I shall give 
" Flis Excellic Go' Fletcher, to his 2'^ demand. 

" Gentl. , I'm here in the roome of o"' proprietor & since hee has 
" not restricted nor Limited mee, the blame shall not Lye att his 
"doore. If you will doe anie thing that may effectuallie ans'' her 
" Late Maties Royall will & pleasure, and his Excellie Governo"' 
" Fletcher's demands formed yrupon, I'le give such sanction to it as 
" becomes mee to doe ; and tho' the proprietor has given their Maties 
" good assurance that hee will take care of the governmt & provide 
" for the saflie & securitie therof all that in him Lyes, And is by her 
" Late Maties Royall Lre Comanded to give directions that due pro- 
" vision be forthwith made att the publick charge of y^ province, for 
" the furnishing the said assistance, as the same shall be soe demanded 
" from time to time by his Excellie the Governo'' of Newyork, yet 
"the proprietor if he were here, himself, nor I that represent him, 
" Cannot raise monie wtout you &. an x\ssemblie, who are the people's 
" repsentatives ; And if you will doe anie thing, I am ready in the 
" proprietaries behalf to give it Sanction. And yrfore, I desire your 
" advice v/hether to shorten the time of the Assemblies meetting from 
" the 9"" of Tbr. to a neerer day, will be of any service." 

It was the unanimous opinion of all the members present, that it 
wold be of no service to call ym sooner. The Governo"^ Having askt 
the reason of their opinion, one of the members ansred, Becaus by 
the great mortalitie of the Cattle & stock of the Inhabitants Last year, 
the people have been, ds still are und'' great straits for Corn & provi- 
sions, and the substance of the province & Territories Consisting all 
together in stock, provisions & Corne, If the inhabitants should be 
called off from getting in their Harvest & Cropts to attend the assem- 
blie, whoise number v/ the Councill are 54 persons. It wold tend to 
their utter ruine. And tho' a Lav/ v/ere alreadie past for raising monie 
to defray the charge of the assistance demanded. It could be no sooner 
collected then it wold be if not made till the 9"" of 7ber. next, Becaus 
the paymts must be made outt of the Crept yt is now upon the ground, 
&, upon which the sole dependence of the province for their support 
relies, & the proper time of paymt therof is in the winter. To which 
the rest of tho members Unanimouslic assented. 



38 



446 MINUTES OF THE 

[8* August, 1695. 

Att a Councill Held att Philadelphia Die Jovi3, 8'" August, 1695. 

PRESENT : 

WM. MARKHAM Esq^ Go^ under Wm. Penn. 
Sam" Carpenter, William Biles, John Williams, 

Sam" Richardson, David Lloyd, Rich'^ Hallywcli, 

Anthony Morris, Caleb pussey, John Brinkloe, 

phinehas pemberton, George Marris, Griffith Jones. 

The Go'' himselfread to the Councill some part of a Lre directed to 
him from Go'' Fletcher, vvherin hee told him Hee should not be want- 
ing in calling for the supplies, ordered him outt of this province by the 
Rojall Comand, And then ordered the Secrie to Issue writts to the 
sheriff of each of the Six rexive Counties, to warn the vcpsentatives 
of Councill & assemblie to meet at philad the 9"" of 7ber. next, as 
was agreed Last provincial! Councill; & y' in case of the death of 
anie of y'' Rcpsentatives, giving power to the rcxivc sheriffs to elect 
others in their rooms, according to Law. 



TROVIxNCE OF PENNSILVANIA & COUNTIES ANNEXT. 

[20"' Aprlll, 1695. 
Minutes of Councill in the Assemblie Anno R. R. et Rx, Willielir.i 
et Maria?, &c. Nunc Anglia", &c. Septimo. 

Att a Councill Held att Philadelphia die Saturni, 20'" Aprill, 1695. 

PRESENT : ^ 

WILLIAM MARKHAM, Esq% Governo' under Wm. penn, &c. ^|| 

The Sherifl'of the Countie of Philadelphia, his Return of Repre- 
sentatives in Councill was read, & there wer elected Sam" Carpenter 
for 3 years, Sam" Richardson for 2 years, &> Anthony Morris for one I 
yeare. As also the Sheriff of the Countie of Chester, his return of i 
rcpsentatives in Councill was read, & there were elected David 
Lloyd for 3 years, Caleb pussey for 2 years, d: George Marris fer 
one year. 

Adjourned to 22"^ instant. 



JSa"* Aprill, 1695. 

Att a Councill Held att philad. Die Luna^, 22'^ Aprill, 1695. 

present: 
WM. MARKHAM, Esq'., Governo' under Wm. penn, &c. 
The Shcriffof the Countie of Newcastle, his return of rcpsentatives 



PROVINCIAL COUNCIL. 447 

in Councill was read, &; there were elected Jn" donaldson for 3 years, 
Jn" Williams neering for 2 yeai's, &, Richard Halliwell for oue year, 
all which six members appearing in Councill, their elections wer 
approved of. 

The Sheriff of the Counlie of Bucks, his return of repsentalives in 
Councill being read was rejected, becaus it did not mention the day 
of their election, nor the rexive years for wliich the members were 
to serve. 

The Sheriffs of the Counties of kent & Sussex their Return of 
repsentatives in Councill being Read was rejected, becaus they made 
not their election till the 13''' instant. 

The Repsentatives of the Countie of Newcastle took the oathes 
appointed by act of parliam' to be taken instead of the oalhes of alle- 
giance &; supremacie, & subt the test, &, promise of secresie, & took 
their places att the Councill board. 

The Repsentatives for the Countie of philad. & Chester did sub- 
scribe the declaraon of fidelitie, profession of the Christian faith, test 
& promise aforesd, & took yr places as above. 

Adjourned to 23^ instant. . 



[23" Aprill, 1695. 

Att a Councill Held att philad. Die Martis, 23' Aprill, 1695. 

present: 
WM. ]\f ARKHAM, Go' under Wm. penn, &c. 
Sam" Carpenter, David Lloyd, Jn° Donaldson, 

Sam" Richardson, Caleb pussey, Jn° Williams, 

Anthony Morris, George Marris, Rich'' Halliwell. 

The Governo'' desired pat. Robinson, Secrie., to read yr Maties 
Lres patents under the Great Seal of England, restoring the proprie- 
tarie to his governm'; & the proprietaries Comission to Wm. Mark- 
ham, to be Governo'' und' him, & his Comission to Jn" goodson & 
Sam" Carpenter, to be his assistants, all which ht^ accordinglie read, 
&o they stand recorded in the other end of this book. 

Adjourned to 24"' instant. 



[24"- Aprill, 169.5. 

Att a Councill Held att philad. Die Mercury, 24"' Aprill, 1695. 

PRESENT : 

WM. MARKHx\M, Go' under Wm. penn, &c., et ysdem sicut anttrj. 

In respect of the Illegalitie of the Returns of Repsentatives for the 
Counties of Bucks, kent & Sussex, Ordered that new writts be issued 
for their election of repsentatives upon y° S"" of May next, & to mee'j 
in Councill the IS"" of sd mo., which was accordinglie done.. 

Adjourned to 18'" May, 1695.. 



448 MINUTES OF THE 

[18"^ May, 1695. 

Att a Councill Held att philad. Die Saturni, 18* May, 1695. 
present: 
WM. MARKHAM, Governo' under Wm. penn, &c. 
Sam" Richardson, David LLoyd, George Marris, 

Anthony Morris, Caleb pussey, Jn" Donaldson. 

The Sheriff of the Countie of Bucks, His Return of Representatives 
in Councill was read, & there were elected Joseph Growdon for 3 
years, phinchas pemberton for 2, & Wm. Biles for oneyeare; The 
Sherift' of the Countie of kent, his Return of Repsentatives in Coun- 
cill was read, & there were elected John Brinkloe for 3 years, Rich- 
ard Willson for 2, & Griffith Jones for one yeare. 

The sd Jn" Brinkloe &, Richd Willson took the oathes aforesd & 
subt the test & promise of sccresie. The sd Griffith Jones subt the 
declaraon offidelitie, profession of the Christian faith, the test & pro- 
mise of secresie, & took yr places att the board. 



[ 20«' May, 1695. 

Att a Councill Held at philad. DieLune, SO* May, 1695. 
present: 
WM. MARKHAM, Governo' und'' Wm. penn. 
David LLoyd, Jn" Donaldson, Jn° Brinkloe, 

Caleb pussey, Jn" Williams, Griff. Jones 

George Marris, Richd Hallywell, 

The Sheriff of the Gountie of Sussex, His return of Representatives 
was read, and there were elected Wm. Clark for 3 years, Thomas 
pemberton for 2 years, Sl Robert Clifton for one year. 

The sd Wm. Clark, phinehas pemberton & Wm. Biles, did subscribe 
the declaration, &c. profession, &c. test & Secresie, & took their 
places att the board. The said Thomas pemberton & Rob' Clifton took 
tlie Oathes, test & promise of secresie, & took their places as above, 
& so wer psent : 

phinehas pemberton, Anthony Morris, Griffith Jones, 

William Biles, Jn" Donaldson, Richard Willson, 

David Lloyd, Jn" Williams, Wm. Clarke, 

Caleb pussey, Richd Hallywell, Tho. pemberton, 

(jeorge Marris, Jn" Brinkloe, Rob' Clifton. 

Sam" Richardson, 

After the reading of y' Maties Lres patents for restoring the pro- 
prietaric to his governm', & the proprietaries Comission to Wm. 
Markham to be Governo' under him, & lo Jn" Goodson & Sam" Car- 
penter to be his assistants, by the Secrie, The Governor said : 

" Gcntl., You are Convened by virtue of a power derived unto mee 
" from M' penn. Our absolute proprietarie & Chief Governo', under 
" whois governm' you Lived happilie for manie years. Their Maties, 



PROVINCIAL COUNCIL. 449 

" our Soveraign Lord and Ladie Wm. & Marie, wer pleased upon 
" some apprehensions that this province was in danger of being Lost 
" from the Crowne of England, to take us und' their more Imediate 
" care & protection. During which time I was yo'Leivt. Governo', «fc 
" I must say that 1 have observed in you (I mean both you &, those 
" you repsent) a dutiefuU affection to their present Maties, in a readie 
" Compliance with all y' Comands, after such mann' as yo' tender 
" Consciences could permitt. Most of you were either of the Coun- 
"cill or of the Assemblie first called by his Excellie Governo' Fietch- 
" er, and when the Queen's Lre for the assisting the province of New 
" york to defend y' fronteers was read, I rejoiced to see yo' readiness 
" to Comply, and tho' the principles of most of you were arr' givin"- 
" any thing to Maintain Avarr, yet you Dutiefullie & prudentlie, &; 
" without example from yo'" nighbours, raised money under the title 
" FOR THE SUPPORT OF GOVERNMENT, but to be disposed 
" of as his Excellie Governo'' Fletcher should think fitt, Which monie 
" was by his sd Excellies order transmitted to New york, & no doubt 
" well iniployed in the service of the Crown. And now Gentl., Their 
" Maties Have been graciouslie pleased to restore our proprietarie to 
"His governm', a gentl, I'm sensible, has allwayes been verie affec- 
" tionate to us, & I hope none of us (I am Confident there is not one 
" here) will be wanting in gratitude towards him, nor in due respect 
" to & Love for him ; Let us yrfore. Like dutifuU, Obedient & grate- 
" ful subjects, entreat o' proprietarie to return their Maties o' most 
" Humble & Heartie thanks for this y"' great & gracious favo', &; to 
" assure ym y' wee shall ever Continou to be yr most Loyall & obe- 
" dient subjects." 

To which the whole members of Ccuncill Heartilie assented. 

Adjourned to 22'' May instant. 



[22" May, 1695. 

Att aCouncill Heldatt Philadelphia Die Mercury, 22^ May, 1695 

present: 

WM. MARKHAM Esq% Governo'' und' Wm. penn, &c., et ysdem 

Sicut antea. 

The Governo"' Ordered the whole Representatives to resolve into a 
grand Comittee to Inspect &; revise the Laws of y^ province, In order 
to repeal those that were not fitt to be Continoued, & to prepare Bills 
for such Laws y' are necessarie & wanting. 

Resolved, yt y' 5"' instant be & is appointed for the Hearing of 
petions and Complaints. 

Adjourned to 25'^ instant. 



38* 



450 MINUTES OF THE 

[25"- May, 1695. 

An a Councill Held att Philadelphia Die Saturni, 25"" May, 1695. 
present: 
WM. MARKHAM, Governo', und' Wm. penn, &c., and all the rcp- 

sentatives in, N°. 18. 

Joseph Growdon, Hitherto absent, sub', the declaraon, Test & pro- 
mise of Secrisie, &; took his place att t]ie board. And see wer present 
y^ Governo'' & a full Councill, viz: 

Sam" Carpenter, David Lloyd, John Brinkloe, 

JSam" Richardson, Caleb pussey, Richd Willson, 

Anthony Morris, George M arris, Griffith Jones, 

Joseph Growdon, Jn" Donaldson, Wm. Clark, 

phinehas pemberton, Jn° Williams, Thomas pemberton, 

Wm. Biles, Rich' Hallywell, Robert Clifton, 

Pat. Robinson, Secry. 

The Grand Comittee of y' whole Repsentatives, to whom the in- 
specting & revising of the Laws of y^ province was Comitted, pre- 
sented to the Governo'' a Bill Relating to the new modelling the 
government, which was read once. 

Adjourned to y" 27'" instant. 



L'^T'^May, 1695. 

Att a Councill Held att Philadelphia die Luna?, 27'" May, 1695. 

PRESENT : 

WM. MARKHAM, Esq'. Governo' under Wm. penn, &c., & all the 

members except Jos. Growden & Jn" Williams. 

The said Bill was again begun to be read & debated, but it Could 
not be agreed upon. 

Adjourned to 28"' instant. 



[28'" May, 1695. 

Alt a Councill Held att Philadelphia die Martis, 28*^ May, 1695. 

present: 
WM. MARKHAM, Governo'' under Wm. penn, &c., & all y* mem- 
bers except Jos. Growden. 

The said bill being Laid aside, becaus it could not be agreed upon, 
A Comittee of one member for each County, viz: Sam" Carpenter, 
Wm. Biles, David Lloyd, Rich'' Hallywell, Jn" Brinkloe, & Wm. 
(/lark, were appointed to Consider of a new frame & modell of go- 
vernmV & to make report to the Governo' & Councill this afternoon. 



PROVINCIAL COUNCIL. 451 

POST MERIDIEM, Praesentibus ut antea. 

The Committee to whom the Consideraon of a new forme ds modell 
of governm' was Comitted, Reported: That they had made some 
attempts, but Could not agree upon a new frame ; And yrfor, the 
Governo'' appointed the same Comittee to meet w' hinaself to-morrow 
morning, about the same. And to make report. 

Adjourned to 29"" instant. 



[29* May, 1695. 

Att a Councill Held att Philadelphia Die Mercury, 29"' May, 1695. 

PRESENT : 

WM. MARKHAM, Esq'. Governo' und' Wm. penn, &c., & all the 
Representatives ut antea. 

The Governo' &, Comittee to whom y' Consideraon of a new form 
& modell of governm' was comitted. Reported: That nothing could 
be agreed upon in ord'to anew modell of governm' notwtstandiog all 
y° pains & time spent about y° same. 

Then the Governo' said : " Gentl. By the writts issued by me for 
" Calling you together, you may see it was to choose repsentatives 
" to forme a provinciall Councill, to advise w' mee in matters relating 
" to y° governm'; Accordinglie the elections Aver made, & you that 
" were chosen have appeared & pformed all the Ceremonies Usuall 
" by any former provinciall Council. Gentl. you have taken up much 
" time in endeavouring to Lay aside the Charter granted you by the 
" proprietarie, which you then thankfullio accepted of, ds to propose 
"& make a more easie frame than formerlie by y° sd Charter & act 
" of settlement you had, but y^ difficulties y' attended yo' new bill & 
"^ frame were so great that they Could not be gott over. Since yrfor 
" the end of my Calling and of yo' Coming together was to advise 
" w' mee in matters Relating to y° governm', 

I Lett you know That the Queen's most excellent Matie Hath, upon 
the 21'' of Aug', 1694, signified to or sd proprietor & in his absence 
to the Comand' in Chief of y*" sd province of pennsilvania for y*' time 
being, That a Quota not exceeding eighty men, with their officers, or 
the value of the chairges of maintaining y'^ same, be the measure of 
the assistance to be given by y" sd province of pennsilvania & Coun- 
trie of Newcastle for y'' defence & securitie of the province of New- 
york, Thereby Requiring & Comanding o' sd proprieto' att all times, 
upon application of the Governo' & Commander in Chief of the pro- 
vince of newyork, to send y'' same for the defence & Securitie yrof; 
And y' the said proprietor give directions that due provision be forth- 
with made, att the publick charge of the sd province of pennsilvania 
& Countrie of Newcastle, for the furnishing such assistance as the 
same shall be soe demanded from time to time, by the sd Governo' or 
Comand' in Chief of the sd province of Newyorke. 



452 MINUTES OF THE 

The Serious & due Consideraon of which Letter I Recommend 
unto you, cSs according to your dutie, doe require your advice dc assis- 
tance in the prosecuting this weightie affair, upon which yo'' owne 6c 
yd' nighbours securitie and preservaon soe much depends. 

I also Let you know, That His ExcelUe Benj" Fletcher, by his 
Letter of y° IS"" Aprill, writts me that hee is necessitated for y' Maties 
Service & the securitie of y' fronteers, to demand from us eightie 
men &; y"' officers, with armes, amunition, & pay for one yeare. The 
officers y' will be requisite are One Captain, Two Leivtenants, foure 
sergeants, foure Corporalls &> two drumers; & y' y' Maties have Co- 
manded us to furnish him with this assistance from pennsilvania & 
newcastle, & y' y" frontiers are soe circumstantiated att psent, that 
there being att Albanie on the first of May next ensuing, or as soon 
as possible may be, is thereby required. Both which Lres having 
been read. The Governor added: Gentl, you are the Repsentatives of 
the people, yrfor I again desire yo' advice here. The Repsentatives 
Having desired some time to Consider therof, the Governo' did Resolve 
the whole Repsentatives into a grand Committee, to Consider of an 
effectual! answer both to her Majesties Letter and Governo'" Fletchers, 
and delivred to Wm. Clark, one of their number, both thesd original! 
Letters for their perusall, & to make report to-morrow. 

Adjourned to SO* instant. 



[30"' May, 1695. 

Att a Councill Held att Philadelphia die Jovis, 30">May, 1695. 

present: 

WM. MARKHAM, Esq', Governo' under Wm. penn, &c., & all y' 

members except Joseph Growdon. 

Wm. Clark Reported from the Committee of the whole Represen- 
tatives, to whom the Consideraon of her Maties Letter & of Governo' 
fletcher's Letter, & their advice yrin & ans' yrto, was Committed. 
That baring taken the same in to their Serious Consideration, Humblie 
offerr y' opinion that thej arc not in a Capacitie to give a full & Sa- 
tisfactorie ans' to soe weightie a matter wtout a generall Assemblie, 
& most of ym living soe remote from this place, & Harvest drawing 
on so near, that they cannot meet untill about the 9* day of Sept' next. 
And yrfore, doe advise the Governo' to Command the assemblie to 
meet the sd day, to consult & resolve yrupon. 

Then the Go' said : " Gentl., You are my wittnesses that I 
" have done my dutie : Onlie wish that this your delay may not be 
"taken for a deniall, The Consequences wherof may prove verie 
" fatall to us all. And desired they wold Consider further before they 
" resolved." 

They replyed that they had deliberatelie Considered of it, & y' it 
wold tend to the ruine of manic families to be from home in harvest 
time. 



PROVINCIAL COUNCIL. 453 

Resolved y' the Assembliebe Convened to meet att Philadelphia the 
said 9'" day of Sept' next, by order from the Governo'. 

Then the Go'' said further : " Gentl., you know y' in their Maties 
" Lres patents for restoring M' penn to his governm' it's said, That 
" he, the sd M" penn, Has given y' Maties good assurance that hee will 
" take care soe farr as in him Lyes, to secure the province. What 
" will you advise me in this case about securing y" same ag' anie 
" attempts that may be made upon us by d' enemies 1 will you be 
'♦ willing y' if an enemie should assault us I should defend you by 
" force of armes?" Some made ans' y' they wold ; Others that they 
must Leave everie one to y' Libertie, &; y' Governo'' penn's instruc- 
ons yrin must be followed, and it being his bussines they had nothing 
to doe with it. 

Then the Go"" desired to know of Jn" Goodson, his assistant, whether 
hee was dissatisfied w' any thing hee had done during this time of 
Sessions ? Jn° goodson ansred y' hee was well satisfied w' all y' had 
been done. 

Then the Go' desired y' the repsentativiss that Lived nearest to 
Philadelphia might give y' attendance in Councill upon anie emer- 
gencie, when called by the Go' & his sd assistant. 

Adjourned to 9"" Septemb', 1695. 



[9* Septemb', 1695. 

Att a provinciall Councill Held att Philadelphia die Lunce, the 9* 
of September, 1695. 

PRESENT : 

WM. MARKHAM, Esq'. Governo' und' Wm. penn, Esq'. &c., and 

John Goodson assistant. 
Sam" Carpenter, David Lloyd, John Brinkloe, 

Sam" Richardson, Caleb pussey, Richd Willson, 

Anthonie Morris, Thomas* Marris, Griffith Jones, 

Joseph Growdon, John Donaldson, William Clark, 

phinehas pemberton, John Williams, Tho. pemberton, 

William Biles, Richd Halliwell, Robt. Clifton, 

Pat. Robinson, Secrie. 

The Governo' desired the secrie distinctlie to read all the minutes 
of Councill that have been held since the restoration of the proprietor 
to his government, Which the secrie accordinglie did. 

Then the Governo' said : " Gentl., I ordered all the minutes of 
" Councills that have been held since the proprietor's restoration to 
" his governm' to be read, to remind you how wee have fallen outt of 
" the method of goverm' formerlie settled by the proprietor Sl the 
"people's repsentatives. In Avhich the provinciall Councill used to 



*His name was George. 



454 MINUTES OF THE 

" promulgate bills that were to be past into Laws twentie dayes before 
" the sitting of the assemblie, att the end of which time the assemblie 
" used to meet to Confirm or reject those bills. 

" Gentl., You are sensible how much 1 was ag' altering anie thing 
" in the charter which was granted us by the proprietor, wtout his 
" knowledge & consent, & how great occasion I had for an Assemblie 
" was &L is plain to you, Viz : to answer the Late Queen's Comands 
" in assisting Newyork w*o'' Quota ag' o' Comon enemie the French. 

" Gentl., I endeavoured to bring the govermt to the method that 
"was ever used in the proprietor's time, before his Excellie Governo' 
" Fletcher had it, and accordinglie, I issued outt writts to forme a 
" provinciall Council! ; In answer wherto you mett & performed by 
" Oathes, attests & Subscriptions, all things necessarie to it ; and then 
" I did my dutie & Laid before you the Late Queen's Letter & his 
" Excellie the Governo'' of Newyork's application to mee for the 
" Quota allotted to this governml, expecting you wold have promul- 
" gated bills for the raising monie for it, but instead of that your Re- 
" solves wer that you were not in a capacitie to give a full & Satis- 
" factorie answer to so weightie a matter wtout a Generall Assemblie, 
" & most of you Living soe remote from this place, & Harvest draw- 
" ing on soe neer, that you could not meet untill about the ninth day 
" of Sept"^ then next ; And yrfor, did advise mee to Comand the 
" assemblie to meet the said day, to consult &; resolve yrupon. And 
" yrfor, it was resolved that the assemblie be conveened to meet att 
',' Philadelphia the sd ninth day of Sept' then next. 

" And now Gentl., you are to advise what course to steer to attain 
" to the Chief end of o"' meeting, viz : to answer the Late Queen's 
" Letter, & when that is done & the Ice broken, all other things will 
" be easie. 

" Gentl., the Assemblie is come according to appointment ; The 
" first thing wee are to Consider of is the method of preparing and 
" passing Bills. Gentl., Both you of the Councill as well as of Assem- 
" blie, are Repsentatives of the people, both being chosen by them ; 
" I Have not the choice of one member of either, therfore, when I 
" speak to you I speak to the people's Repsentatives, as much as 
" when I speak to the Assemblie, And wtout yo' & their Consent, I 
" cannot raise monie, & wtout monie I cannot answer the Queen's 
" Commands. I pray God direct you that what you doe may be to 
" his glorie, the king's honour, & the saftie of this poore province. 
" Gentl. I expect your ans\ 

Adjourned till to-morrow morning* 



[10* Sept', 1695. 

Att a Councill Held att Philadelphia die Martis, 10"" of Septemb', 
1695. 

PRESENT : 

WM. MARKHAM, Esq' Governo' und' Wm. penn, Esq' & Jn" Good- 
son assistant, And all y* members ut antea. 



PROVINCIAL COUNCIL 455 

Cornelius Empson & James Fox, two of the members of Assem- 
blie, Came from the Assemblie, desiring to know of the Go' when the 
Assemblic might ye admitted. 

The Govcrno'' answered that hee & Councill were readie to re- 
ceive them. 

In a small time afterwards they all appeared, & presented Edward 
Shippen for y' Speaker, of whom the Governo'' did approve. 

Then the sd Edward Shippen, Speaker, dc all the other members of 
Assemblic for the Counties of Philadelphia, Bucks, Chester, newcas- 
tle, kent, & Jn" Stoaklie vfe Thomas Oldnian, for tlic Countie of Sus- 
sex, subscribed the test, profession of the Christian beliefe & declara- 
on of fidelitie; and the Last tbure for the Countie of Sussex, Viz: 
Joseph Booth, Henrie Malleston, James peterkin &l Jonathan Baylie, 
took the oathes appointed by act of parliam' to be taken in stead of y* 
oathes of allegiance & supremacie, & subscribed the test. 

Then the Governo' Spake to the Assemblie : 

" Gcntl., you are now qualified for bussines, and that you may 
" the better know yo' dutie, you shall heare the papers following :" 
and then desired the Secrie to read their iVIaties Letters patents re- 
storing M"' pcnn to his governm', which was accordinglie done ; Then 
Go' penn's Comission to his kinsman, Wm. Markham, to be Go' und' 
him ; THen Go' penn's Comission to Sam" Carpenter & John Good- 
son, or anie of them, to be his assistant ; THen the Late Queen's Let- 
ter of y* 21" of August, 1694, appointing eightie men, with their offi- 
cers, or the value of the chairges of maintaining the same, to be the 
measure of the assistance to be given by this province & countrie of 
newcastlefor the defence & securitie of the province of Newyork, Re- 
quiring & Comanding o' proprietor, upon applicaon of the Go' & Co- 
mand' in Chief ofthe province of Newyork, to send y° same. THen 
His Excellie Benj" Fletcher, the Go' of Newyork, his Letter to Go' 
Markham of the 15"' of Aprill, 1695, demanding from this province 
the sd 80 men & their officers, w' arms, amunition, & pay for one 
year, to be att Albanic the 1'' of May then next ensuing, or as soon as 
possible may be. Then his sd Excellies other Letter of 1-"" June, 
1695, then applying himself to Go' Markham for the sd Quota of 80 
men w' y' proper officers, or that the value of the chairges for main- 
taining them be provided & sent to Newyork y° 1'' of Aug' then next, 
in obedience to the Comands of her Late Matie. Then his Excellies 
other of 3'' 7br., 1695, Renuing his applicaon to Go' Markham for y' 
above assistance in men or monie, with a copie of the mohaques pro- 
posions. And then wer read the propositions made by ten of the 
principall Sachims of the Mohaques Countrie to Go' fletcher, in the 
Court house of Albanic, y° 28"" of Aug', 1695. And y" y° Go' said: 
" Gentl., I thought it necessarieto cause the above papers to be read, 
-' as the foundation & beginning of yo' prceedings. I made a speech 
'■'■ to the Councill yesterday which they shall have, and they will Re- 
" solve into a Comittee of the whole house to consider yrof ; & M' 
" Speaker, I desire you to doe the same, y' you may meet together & 
•" give yo' best concurrent advices in ord' to answer my sd speech." 



456 MINUTES OF THE 

Ordered, That the whole members of Councill doe Resolve into a 
grand Comittee of the whole house to Join a grand Comittec of the 
whole members of Assemblie, to consider of an answer to the Go" 
speech, att 3 post meridiem, And to make report to-morrow morn- 
ing. 

Adjourned to ^ Sepf, 1695. 



[11«' Sept', 1695. 

Att a Councill Held att Philadelphia die Mercury, 11* of Septemb', 
1695. 

WM. MARKHAM, Esq', Governo' und' Wm. penn. Esq', and all 

the members, ut supra, except Wm. Biles. 

The Committee to whom the consideraon of an ans' to the Go" 
Speech was comitted. Reported That the Go'^ speech to the Councill 
Having been read to the Assemblie, They did upon the vote putt, agree 
That they might proceed to Legislaon wtout promulgaon of bills, (as* 
wasusuallby the Late Charter,) Considering the present cmergencie. 
They also did upon the vote putt, agree that the power of preparing 
& proposing bills to be past into Laws may be in the Councill as well 
as in the Assemblie, (while both are the people's choice.) They did 
also agree that the Go' be i-cquested to appoint a Comittee of Councill 
to meet a Comittee of the assemblie. To Consider of an answer to the 
Queen's Letter, & an act of settlement. 

THe Governo' did accordinglie appoint two members of each Coun- 
tie. Viz : ^am" Carpenter, Sam" Richardson, Joseph Growdon, 
phinehas pemberton, David Lloyd, Caleb pussey, Jn" donaldson, 
Richd HaUiwell, John Brinkloe, Griffith Jones, Wn:. Clark & Tho. 
pemberton, to Join a Committee of the Like number of y' members of 
assemblie, to Consider of an ans' to tho Queen's Letter, And his Ex- 
cellie Go' Fletcher's demands therupon, & of an act of settlement, to 
meet at two of the (Mock in the afternoon. 



[19'\Sept',1695. 

Att a Councill Held att Philadelphia die Jovis, 19'" Septcmb', 1695. 
tresent: 
WM. MARKHAM, esq' Governo' und' Wm. penn, esq', & ally' mem- 
bers except Jn" Williams & Jn° Brinklo(.>. 
The Committee to whom the Consideraon of an answer to the Queen's 
Letter, & his excellic Go' Fletcher's demands therupon, & of an act 
of Settlement, was Comitted, Gave in y' report in answer to the 
Go" speech in writting. Which was read, viz : The report of the Co- 
mittee of certain members of Council & assemblie in answer to the 
Go" Speech : 



PROVINCIAL COUNCIL. 457 

" May it please the Governo'. Wee Having dulie Considied thy 
" sspeeeh delivred us att the opening of this Assemblie the ninth instant, 
" As also the Late Queen's Letter, dated the 21st of Aug', 1694, 
'• together w' Coll. Fletcher's applicaons for the Quota ap[)ointed by 
" the sd Queen to be sent from this governm' for the defence of New- 
" york, and also having perused the minutes & proceedings of the 
" Councill & assemblie for the two Last years, Wee find that the 
" Generall Assemblie in the yeare 1693, in Compliance with the 
" Queen's former Letter, soe farr as the religious psuasion of the 
" major part of them could admitt, did Humblie psent king Wm. & 
" Queen Marie with an assessment of monie upon all estates wtin the 
" sd province &; territories for support of this governm', winch sd 
" assessm' amounting to about 7601b. this Countrie monie. The nett 
" produce wherof being Computed upon the then Councill book to 
" bo about 5001b. st. The greatest part of which wee understand, is 
"gathered &, sent to newyork by ord' of Coll. fflctcher, ^V'ho having 
" soe much regard to the tender Consciences of such as might scruple 
" the giving of monie to support warr, did declare before anie assess- 
" ment was agreed on, that what monie should be raised here for 
" support of governm', should not be dipt in blood, (as hce was pleased 
" to phrase it,) which hee afterwards explained upon scverall occa- 
*' sions, & pticularlie in his speech to the assemblie in the yeare 1694, 
" wherein hee expressed in these words, viz: Gentl. I consider vo' 
" principles that you will not Cai'ie armes nor Levie monie to make 
" warr, tho' for yo"" owne defence, yet I hope you will not refuse to 
'• feed the hungric and & cloath the naked; my meaning is to sup- 
'■'• pile those Indian nations w' such necessaries as may Influence ym 
'• to a Continouance of y'' friendshipp to these provinces. Thcrfore, 
" It is the Opinion of this Committee, that all the monie alreadie 
" raised, or att this time intended to be raised for support of governm', 
" & not expresslie appointed for anie other pticular use, ought to be 
" deemed & taken in stead of the assistance required from this go- 
" vernm', the same being in ans' to the Queen's Letters, soe farr as 
" in Conscience & abilitie wee can Compile therwith. And that the 
" same may be appropriated accordinglie, as the Go% or his deputie 
'■ for the time being, shall see meet." 

THe Governo"" then told ym, " that if that narrative of what they 
" had done in 1G93, relating to the Late Queen's first Letter, might 
" be serviceable to ym, hee should be satisfied yrwt, and yrfor desired 
" as they had begun, soe they wold proceed to give an eu'ectuall 
" answer yrto, & to His Excellie Go' Fletcher's demands yron, by 
'■ raising of monie." 

THen all the members Unanimouslie declared, that it was their 
design to raise monie for the king, To be made use of as hee pleased. 

The sd Comittee also gave in y'' Report relating to an act of set- 
tlement in writting, which was also read. 

THen the Governo' told them " that what they had heard read was 
" but Reports of a Comittee, both of members of Councill &> assem- 
" blie, & yr.fore, It was necessarie y' y' whole membei's of Councill 



458 MINUTES OF THE 

"should signifie ther acquiescence yrwith. "NVherupon the Go' putt 
" this Vote: all you Ccntl. that acquiesce witii the two reports now 
<' read, stand up & say YEA, all you y' doe not acquiesce therwith 
" stand up 6l say NAY." .Caried in the affirmative. 

Theralter the Go' Ordered Joseph Growdcn, Sam" Richardson, 
david Lloyd, Rich'' Halliwell, Griffith Jones, &, Wm. Clarke, to pre- 
sent the said two Reports to the assemble for their acquiescence, and 
after they had done the same, lice, the Go', wold make such observa- 
ons theron as hec should think fitt. 

Adjourned to the 20"" instant. 



[SO^Septemb', 1695. 

Att a Councill Held att Philadelphia die Veneris, 20"' of Scptemb', 
1G95. 

present: 
WM. MARKHAM, Esq'. Govcrno' und' Wm.Pcnn,Esq', &c.,& all the 

members except Anthony Morris, John Williams, & John Brinkloe. 

The members who wer ordered to present the sd two Reports to 
the Asscmblie for their acquiescence, made report that they had 
delivred the sd two reports to the asscmblie, v.ho ansred they wold 
Consider the same. 

Ordered, that Sam" Richardson & Wm. Clarke goe to the asscm- 
blie & acquaint them That the Governo' & Councill doe waite for 
them. 

John Blunston, James Fox, Wm. Rodency &: Edw'' Gibbs brought 
from the asscmblie y^ sd two Reports, & told the Go' & Councill 
that they acquiesced y'with. With some few amendments. 

Theraftcr the Gor. Caused the sd two reports. The one relating (o 
the Queen's Letter, & the other relating to the act of settlement, to be 
read,ag' v/hich act of settlement The Go' made objections to sevcrail 
j'aragraphs therof. 

Ordered that the whole m.embers of Councill doe Resolve into a 
grand Committee of y" whole house, to join a Grand Committee of the 
whole members of asseajblie, to Consider further of proceeding eti'ect- 
uallie to ans' the Late Queen's Letter, By drawing up a bill for 
raising of monie to answer y° same, & his Excellie Governo' Fletch- 
er's demands therupon. And by drawing up another Bill for the ac' 
of settlement. 



[27'" Septemb', 169.5. 
Att a Councill Held att Philadelphia die Veneris, 27 ^ of Septemb', 
1C95. 

PRESEiVT : 

WM. MARKHAM, Esq'., Governo' und' Wm. penn,esq'. John Good- 
son assistant, & all y" members of Councill, And all y' members of 
Asscmblie except Nicholas Wallne Si, John Betts, sick, and daniell 
Brown, dead. 



PROVINCIAL COUNCIL. 459 

" The Committee to whom the Consideraon of the Late Queen's 
" Letter, B}"" drawing a bill for jaising of monie to ans the same, & 
" his Excellie Governo"' Fletcher's demands ynipon, and the act of 
" Settlement, made Report, That thcj^ had drawen up the said Bills 
" which had been y'' day before sent to the Governo'' by foure mem- 
" hers of Councill for his perusali. 

THen the (joverno'' said : " Gentl, I yesterday Received from you 
" two bills ; The one entitled an act for raising One pennie p. pound 
" & Six Shillings p. head on such as are not otherwise rated y'by, 
" towards the support of governnV, wherein you propose to give 2501b. 
" for support of governm' & 3001b. to mee towards my services, and 
" the Surplusage for defraying the debts of the governm'. The other 
" an act of settlement. 

" If you Gentl, the members of Councill & assemblie, are satis- 
" fied with those bills as they are. They need not be read over again- 
*' But if you, or anie of you, are not, He order the reading of them."" 
Wherupon the members of both Councill &. assemblie did declare 
themselves Satisfied w' ym, & y' they needed not be read over 
again. 

THea the Governo"" said : " Gentl, You have delivred mee these 
" two bills together, as if you meant to tack ym soe the one to the 
" other, as that I must pass both or neither. Gentl, you know I 
" allwise Recommended to you the cftectuall Consideraon of, 6c ans'' 
" to her Late maties Letter, & his Excellie Go'' Fletcher's demands 
" yrupon; This was the prime & principall (if not the onlie) occa- 
" sion of my calling & of yo' coming together att this time, (for wee 
" formerlie had Laws enough, & men enough to execute them.) 
" You have indeed in some manner Considred it. But as you have 
" brought these two bills together, it wold seem you wold have ym 
" past together. But Gentl, To be plain & above board with you,. 
" If you'll first pass the monie Bill, designed (as you say) to ans"" the 
" Queen's Letter, in what manner & und' what title you please, He 
" give sanction to it, Leaving the bill about the act of settlement to a 
" further debate. Gentl, In the monie Bill you have Considered mee, 
" and I as much thank you as if I had received yo'' offerr ; But I 
" desire to be totallie left outt of it, rather than the Late Queen's 
" Letter should remain unanswered. And I assure you Gentl, I shall 
" not assent to the passing of anie bill or bills whatsoever till that bo 
" past first." 

Then a member of Councill Spake to this effect: that in the par- 
liament of England the people had allwise their priviledges granted to 
them befor they gave anie monie, & y' the monie bill used to be the 
last ; <fc tho' wee can pretend to no equalitie with them, being a poor 
province, yet we are to proceed in some sense in a parliamentarie 
way in our degree. 

THen the Governo' said : "Gentl, You Have now satt well nigh 
" three weeks & have done next to nothing; The onlie thing I called 
" you for was to answer the Queen's letter, & his Excellie Governo' 
" Fletcher's demands yrupon. I have oft prest you to it, & do now 
" again." 



460 MINUTES OF THE 

Whcrupon Scvcrall members, one after another, urged tlie passing 
the act of settlement, alledging there was no more required bv ym in 
y' bill than what the proprietor had granted ym befor. 
Tile Governo' said: "Gentl, I cannot in Honor nor Justice to the pro- 
prietor pass this bill or act of settlement. Nor will I. I have suffi- 
cient reasons for it, wch I am not obliged to give here. Gentl, As 
oft as I press you to ans' the Late Queen's Letter for the supplio of 
Newyork, yo'' ans' to mee is that yo''priviledges ought to be con- 
lirmed to you. I never did, nor ever shall endeavour to diminish 
them. 

But Gentl, Since there's no Likliehood of obtaining from you anie 
ans"" to the Late Queen's Letter, nor to his Excellie Go' Fletcher's 
demands therupon, Unless He enter upon & grant you a Charter of 
priviledges, I dissolve you, «fe you are hereby dissolved. 

The end of the third session of Councill &; Assemblie. 



[PHILADELPHIA, 25'" Sept', 1696. 

Att a Council Held at Philadelphia Die Veneris, y" 25"' day of Sept' 
Anno R : R: Gulielmi terty nunc Anglise, (fee. Octavo Annoq dui, 
1696. 

PRESENT : 

WILLIAM MARKHAM,Esq'., Governo'. und' Wm. Penn, Esq'. 
Edward Shippen, Jasper Yeates, John Brinkloe, 

Anthony Morris, Richard Halliwell, John Hill, 

David LLoyd, pat. Robinson, Secry. 

Jasper Yeates, Richard Halliwell, Jn" Brinkloe, Jn° Hill & pat Ro- 
binson, took the oathes appointed by act of parliamt to be taken in 
Stead of the Oathes of allegiance & Supremacy, & Subt. the test. 
Edward Shippen, Anth. Morris & david Lloyd did subscribe the de- 
claraon of fidelity, profession of the Christian faith &i the Test, and 
all of them promised fidelitie to Wm. penn, proprietor &; Governo"" of 
y" sd })rovince, & Secrisie in all matters that should be secretly 
treated of in Council. 

Then in respect the provincial Court was a Sitting, & that one of 
the members of Council was a provincial Judge, & y' two members 
appointed to attend as Counsellors wer not yet come to town, The 
Governor 

Adjourned to 28* instant. 



PROVINCIAL COUNCIL. 461 

[28"' Sepr, 1 096. 

Att a Council Held att Philadelphia die Lunce, Se'*" September, 
1G96. 

present: 

WM. MARKHAM, Escf. Governo', die. et ysdem ut supra. 

The Governo'' said: " Gentl, Att o' last meetting the provincial 
"Court requiring the attendance of some of you, I could then pro- 
"ceed no farther than to administer to some of you the Oathes, &c., 
" &; to see you subscribe the test, And to see otliers subscribe the de- 
" claraon of fidelilie 6i profession of the Christian faith & test. I think 
" it necessary to take the same my selfe, which I desire you to admin- 
" ister to me, &, tho' I have taken ym before, yet I think it requisite to 
" take ym again, becaus there is some alteraon in the frame of o' go- 
" vernmt since I Last took ym." To which some of the members 
answered, that since they could not take an oath ymselves, they could 
not administer one to others. Wherupon the Governo'' desired the 
Secric to administer the same to him, which he did, and accordingly 
the Go'' took the oathes appointed by act of parliarat to betaken in 
sted of the oathes of allegiance &, Supremacie, and subscribed the 
Test. 

THcn the Governo'' said: " Gentl. I had not been so long wtout a 
'• Council, but that I expected orders from o'' proprietor & Chief Go- 
" verno'^, (luiving given him an exact & true acco' of the state of his 
" governm' from the time he has been pleased to Comitt it to my 
" care.) But by his Lyres, I perceive some of mine have been taken 
"by the French & others, soe delayed by the Long stav oftheshipps 
" wherein they went, that they were not come to hand before this Last 
" Virginia fleet came from England. But Having Received several! 
" orders & Instructions, both from the Honble The Lords of the Coun- 
" cill & the Comr' of his Matjes Customs, with an act of parliam' for 
" preventing fraud & regulating abuses in the plantaon,& strict chairge 
" & Comand from the proprietor & Chief Governo'", vigorouslie to 
" putt the same in execuon. All which I desire the secrie to read." 

Then the secrie read The Copie of the Comrs of his maties Cus- 
tomes, their report to the Lords spiritual & Temporal, in parliam' 
assembled, what may bo the proper means to remedie the Inconve- 
niences arising from the scotch act to the trade &; navigaon of Enir- 
land, dated 12"* decemb', 1695; And the Copie of their Lords & y° 
(Jomons, in parliam' assembled, their address to his matie, represent- 
ing to him the great advantages yrby granted to the scotch Compa, 
& the obstructions that the sd act will bring to the general trade of the 
nation of England, &c. As also, his maties most gracious answer to 
the sd adress. As also, the Comrs of his maljes Customs, their Lett' 
to the Governo' of this province, requiring him strictlie to observe & 
put in execuon all the Laws of trade & navigaon, dated 9"' Janry, 
1695-6. As also, the Lo' of Coimcil, their Lett' to the Comand'' in 
Chief of this province of 13"' febry, 1695-6, to sec the acts of trade 
executed according to the sd Comrs of y" Customs, their sd Letter.^ 

39* 



462 MINUTES OF THE 

As also, tlie act of parliam' made in the 7"" <fe 8"" year of king Wm. 
the third, Entitled, an act for preventing frauds & regulating abuses 
in the plantaou trade. As also, the Lo' of Council, their Lett' to Wm. 
pcnn, pfoprietor of this province, Requiring him in his matjes name, 
to take care that the sd act past in the sd 7"' & 8"' year of his reign, 
& all other Laws made for the encouragement of navigaon & the 
securing the plantaon trade, be duly publisht within this his sd pro- 
vince &; Country of Newcastle, & strictlie putt in execuon by all whom 
it may concern, dated 15"' April, 1696. As also, the Lords of Coun- 
cil, tlieir Letf to the Govcrno' of this province to putt themselves in 
a posture of defence ag' the attempts of the French, dated 20"' April, 
1696. As also, y^ sd Wm. penn his Lett' to Wm. Markham, his 
deputie Go'", desiring him to be vigorous and carefull to Comply w' 
the Laws of trade &; navigaon. All which having been read, 

" The Governo"' said : " I have therefore, being well satisfied in 
" yo' Loyaltie & allegiance to his matie king Wm. &; of yo"" fidelity 
" to the proprietor, made choice of you for his Council, the number 
" of which is not to exceed Twelve, & no Less than five to be a 
" Quorum. I know you are all men that are fastned to the Country 
" by visible estates, I mean such as the Law calls Real estates, of 
" which each of vou have a plentiful portion, & thats a great securitie 
" that you will study the Interest of the Country, & will advise me 
" in what you believe to be for the saftie & preservaon of it ; and let 
" me tell you, that nothing can be more for yo' preservaon & securitie, 
" nor recommend you more to his matie, than yo' diligent observaon 
" and execuon of his Laws & orders. In this I doe not speak to you 
" only as a Council, but also as you are magistrats, &; as such that 
" you will have a special care in yo' respective Counties, that noth- 
" ing be done to the Contrarie, or in violation of them, but that you 
" be diligent to see ym dulie executed ; and this is not only a dutie to 
" yo' Soveraign, but a Justice incumbent upon all Honest men & 
" Lovers of their Country. 

" The proprieto'' advises mce that hee has wrote to some friends 
" about his Excelly Governor fHelcher's objection about men or money. 
" If anie of you know the Contents of that Letf, & that it be conv( - 
" nient, 1 desire you will acquaint the board with it; perhapps it may 
" his Excelly Go'' fHetcher satisfaction. I have Sea'll Lrcs from him 
" since the Last assembly, demanding our Quota ; but you all know 
" I could make no Satisfactorie answer wtout money. To answer all 
" these things to purpose, and to putt this governm' in a better posture 
" of defence & securitie than it is att present, I find it absolutlie neces- 
" sarie that there be an assembly called with all convenient speed, 
" Wherein I desire yo' advice." 

THe members of Council did Unanimouslie advise the Governo' to 
call an assembly. 

Wherupon the Go'' ordered the secrie to prepare writts to be 
Issued to the sheriffs of the Seall Counties, to Sumon the people to 
meet in the usual places upon the Sixteenth of Octob' next, & the 
Counties of Philadelphia & newcastlc, to choose for each ofthemfoure 
persons to serve in Assembly, &> the other four Counties to choose for 



PROVINCIAL COUNCIL. 468 

each of them three persons to serve in Assembly, to meet the 26"' day 
of the sd mo. Which the secrie accordingly did. 
Adjourned to 26"" of Octob' next. 



[26* Octob% 1696. 

Att a Council Held att Philadelphia die Lunce, 26'" Octob', 1696. 
present: 
WILLIAM MARKHAM Esq'. Governo', &c. 
Edward Shippen, david Lloyd, John Hill, 

Anthony Morris, John Brinkloe, pat. Robinson. 

John donaldson took the usual oathes, &,c., & Subt the test. Wm. 
Clarke did subscribe the declaraon of fidelitie, profession of the 
Christian faith & the test, & both promised fidelitie to Wm. penn 
& secrisie in debate, & took their places att the board. 

Therafter John Goodson, who had been by Comission from the 
proprietor appointed assistant to Go' Markham, Came into Council 
and desired of the Governo' to be acquitted of his assistanceshipp, 
To which the Governo'. acquiesced. 

In respect all the members of assembly wer not come to town, the 
Governo' adjourned the Council to three in the afternoon. 

Adjourned to 3 in the afternoon. 



[28'" OctoV, 1696. 

Att a Council Held att Philadelphia die Mercury, 28* October, 
1696. Hora tertia, post meridiem. 

present: 
WM. MARKHA]\I, Esq'. Governo', &c. 
Edward Shippen, John Brinckloe, John Hill, 

Anthony Morris, Jn" donaldson, Jasper Yeates, 

David Lloyd, AVilliam Clarke, pat. Robinson. 

Upon the memorial of the Honble Andrew Hamilton, Esq'. Go' of 
the Jersies, & post master generall, &c. to the Go' & Council, Setting 
forth that it was formerlie with great difficultie that the post could 
goe to Philadelphia by Land, to the great inconveniencie of Corres- 
pondence &> trade. And y' for remedie whereof, &, accomodaon of 
Travellers, a ferry had been erected on Jersie side att a great chairge, 
but that the way was not yet returned from the Landing on pennsil- 
vania side to the king's road, w"' is about three Quarters of a mile 
& easily cleared ; And therfore, Requesting the Governo' & Coun- 
cil to approve the said road, and give the necessarie orders for clear- 
ing it. 



464 MINUTES OF THE 

Ordered, that a warrant! be directed from the Governo' to Thomas 
ffairman, Surveyor, To lay outt the king's road from dunck William's 
Landing, (the nearest & most convenient y' may be had, &, Least 
prejudicial to the Lands and improvments of the nighbourhood,) Into 
the king's great road that Leads to Philadelphia, and that a Return 
in words, of the Courses & protracted figure therof, be made Into 
the Secries office, in order to be filed & recorded there, as a finall 
Confirmaon therof. And that the Justices of the peace for the Coun- 
ty of Bucks, be by the Governo' requested to order the overseers of 
y* Highways in that County to make good & clear the same w' all 
expedion. 



[29"^ Octob', 1696. 

Att a Councill Held att Philadelphia die Jovis, 29'" October, 1696. 

PKESEJfX: 

WILLIAM MARKHAM, Esq'., Governo', &c., et ysdem ut supra, 6z:c. 

Upon the petion of divers Inhabitants of the Town of Philadelphia, 
to the Go' & Council, Requesting them to grant an order for the Lay- 
ing outt a sufficient Road, the nearest & best that may be had from 
the Lowermost ferry upon Skuilkill, Comonlie called Benjamin 
Chambers' ferry. Into the Town of Philadelphia. 

Ordered, That a warrant be directed from the Governo' to Thomas 
fTairman, Surveyor, to Lay outt the king's road from the sd ferry, the 
nearest, best & most convenient that may be had, & Least prejudi- 
cial to the Lands & Improvments of the nighbourhood, To Come into 
the southermost street of the town of Philadelphia, & which street 
runns from delaware river to the Skuilkill, And that a return in 
words, of the Courses & protracted figure therof be made into the Se- 
cries office, In ord' to be filed and Recorded there, as a final Con- 
firmaon thereof. 

Upon the petion of diverse Inhabitants of y^ sd town of Philadel- 
phia to the Go' & Council, Requesting ym to grant an Ord' ibr Lay- 
ing outt a sufficient road from the north side of the sd ferry, the 
nearest & must convenient that may be had. To Hertford towne. 

Ordered, that a v/arr' be directed from the Governo' to Thomas 
ffairman. Surveyor, to Lay outt a Road from the west side of the sd 
ferry, to goe as farr in the road that leads to Darby as may be, and 
from thence the nearest, best and most convenient that may be had, 
& Least prejudicial to the Lands & Improvments of the nighbour- 
hood to the town of Hertford ; and that a return in words, of the 
Courses & protracted figure therof, be made Into the secries office, 
In order to be filed & recorded there as a final Confirmaon thereof. 

Upon reading the petion of Thomas Hollingsworth to the Governo' 
and Council, Requesting ym to grant an ord' for Laying outt a Road 
from New worke, in Newcastle Countie, To Jn° Bucklies', Oliver 



PROVINCIAL COUNCIL. 465 

Copes', Jn" preus', Jn° Clowds', VVm. Rossen, Naaman's Creek, and 
thence to Hans Justice's, & so to the king's road in Chester Countie. 
And to grant another road from Jeremiah Clouds' in Newcastle coun- 
ty, to John Bucklies, & from thence to delaware river. 

Ordered, that a warrant be directed from the Governo' To Thomas 
pierson, surveyor, to Lay outt the sd Roads the nearest and most 
convenient that may be had, & Least prejudicial to the Lands & 
Improvments of the nighbourhood, and that a Return in words, of 
the Courses & protracted figures of the same be made Into the secries 
office. In ord' to be filed & Recorded there as a final Confirmaon 
thereof. 

[Oxford petion for Two Roads & a Branch, &c. 

Upon reading the petion of the nighbourhood and adjacent Inhabi- 
tants of Oxford Towneshipp, in the Countie of philadelphia. Request- 
ing the Governo'' & Council to settle upon ym & the publick, two 
roads, & a branch of a road : The first beginning att a white Oak, 
neer the bridge over Thomas p'sons water mill race, and thence to 
the Bristol! Townshipp, according to the Return of the Courses 
thereof to the sd petion annext, and protracted figure of the same. 
The second Beginning att Richard Dungworth's mill, Leading to 
Thomas pson's grist mill. Lying & being att Franckford, according 
to the Return of the Courses thereof & protracted figure of the same, 
to the sd petion also annext. As also, a Branch of the said Road 
beginning att a white Oak, in Rich"* Buzbies Land, neer Jn" Wells' 
Log-house, Leading to the extent of the bounds of Oxford townshipp, 
according to the Return of the courses therof & protracted figure of 
the same, to the sd petion also annext. 

[Answered. 

Resolved, That the sd two roads & branches of a road. Bounded 
as is particularlie mentioned in the Returns thereof made by John Har- 
per, surveyor, & who surveyed the same by the Consent, approbaon 
& with the assistance of the nighbourhood. Be, and shall hereafter 
be Reputed and taken for the sd roads & branch, And that the Secries 
Recording of the sd returns thereof, & fileing up the same, & the pro- 
tracted figures therof, shall be a final Confirmation of the said two 
roads & branch. 

Adjourned to 3V' instant. 



Att a Council Held att philadelphia Die Saturni, 31" October, 
1696. 

PRESENT : 

WILLIAM MARKHAM, Esq'., Governo^ &c. 
Edward Shippen, William Clarke, John Hill, 

Anthony Morris, John Brinckloe, pat. Robinson. 

David Lloyd, 

Upon Reading the petion of Sam" Atkins against Edmond dutton, 



466 MINUTES OF THE 

Ordered that att or before the first day of decemb' next, the petition', 
Sam" Atkins, pay to the sd Edmond Button, the sum of Twelve 
pounds, Silver monie, as was awarded him, with all the Legal charges 
that have accrued upon the suits upon the bonds of arbitraon, both 
alt the Countie & provincial Courts, and that the same soe paid, be 
in full satisfacon to the sd Edmond Dutton, of all sum & sums of 
monie due to the sd Edmond by reason of the sd arbitraon, bond, 
Judgment and execuon following thereupon, and that after paym' of 
the sd sum & charges, as aforesaid, an ord' from the Go% to be 
directed to the sheriff of the Countie of Philadelphia, To make resti- 
luon to the petitioner of all goods, chattells, Letts, Lands & Tene- 
ments that hee has taken in execuon upon the sd Judgmts ; Because 
the sd execuon did Improvidently Issue forth. 

[Record of The Road from Tho. Parsons' water bridge Race to 
Oxford, in Oxford Creek, behind Dan" Street's house. 

THe ninth of the Eighth moneth, 1695. 

THe observations and mensurations then taken in a Road between 
Thomas parsons' water Race bridge, and the ford in Oxford Creek, 
behind Daniel Streets' House, by mee actually measured. Then Hav- 
ing in Company the Inhabitants of the aforesaid Townshipp ; Begin- 
ning att a white oak neer the said parsons' water Race bridge, North- 
west thirteen degrees, twenty-two pearches; Thence north west 
Twenty degrees. Sixty pearches; Thence north-east Twenty-five 
degrees, fifty-two pearches ; Thence north-west Twelve degrees, fif- 
teen minuts, fourty pearches; Thence north-west seven degrees, 
Twenty-four pearches ; Thence north-east fourty-three degrees, fif- 
teen minuts, ten pearches; Thence north-east Sixty-seven degrees, 
thirty minutes, Sixtie-eight pearches ; Thence north-east fourty-one 
degrees. Twenty minutes. Seventeen pearches ; Thence north-west ten 
degrees, eight pearches ; Thence north-west Twenty-Seven degrees. 
Thirty minutes, one Hundred & Twelve pearches ; Then north-west 
fifty-Six degrees, Thirty minutes, thirty-four pearches; Thence north- 
west fourty-one degrees, fifteen minutes, fifty-two pearches ; Thence 
north-west Twenty-nine degrees, fourty-nine pearches ; Thence north- 
west thirty-eight degrees, fifteen minutes. Seventy pearches ; Thence 
north-west fifteen degrees, fifteen minutes. One Hundred & fourty 
pearches ; p. me, 

JOHN HARPER, Junior. 

[Record of The Road from Richd Dungworth's mill To Tho. par- 
sons' grist mill. 

The ninth day of the Eight moneth, 1695. THe observaons «fc men- 
suraons then taken in a Road, Between Richard Dungworth's mill & 
the king's Road, by me actually measured, then Having in Company 
the Inhabitants of the oxford Townshipp, Beginning att the said mill 
South-east six degrees. Twenty -eight pearches ; Thence south-east 
fiftie-five degrees, ninteen pearches ; Thence south-east thirteen de- 
grees, eighty pearches & ten links ; Thence south-east thirty-six 
degrees. Twenty-nine pearches; Thence south-east fifteen degrees, 
thirty pearches ; Thence south-west six degrees. Twenty pearches ; 



PROVINCIAL COUNCIL. 467 

Thence south-east five degrees, Seventy-two pearches ; Thence south- 
west eight degrees, fifteen minutes, fiftie-eight pearches ; Thence 
south-east Twenty-six degrees, ten minutes, seventy-foure pearches; 
Thence south fourty pearches; Thence south-west twenty-four de- 
grees, fifty minutes, fourty-foure pearches ; Thence south-east nine 
degrees, fourty-four pearches; Thence south-east fifly-four degrees, 
twenty-eight pearches ; Then south-east twenty -three degrees, eigh- 
teen pearches ; Thence south-west three degrees, thirty pearches ; 
Thence south-west ninteen degrees, seventy-eight pearches ; Thence 
south-east eleven degrees, thirty minutes, seventy-Two pearches ; 
I'hence south-west Twenty-eight degrees, thirty minutes, Twentie- 
four pearches ; Thence south-west Two degrees, One Hundred and 
Twelve pearches ; THe king's Road South-west fourty-five degrees. 

[Record of A Branch out of said Road. 

As also a Branch out of the Road aforesaid, Beginning at a white 
oak in Richard Buzby's Land; Thence north-east thirty-four degrees, 
seventy-two pearches; Thence north-east Ten degrees, fiifty minutes, 
thirty-five pearches ; Thence north-east Twenty-three degrees, four- 
six pearches ; Thence north-east three degrees, ten minutes, fifty-nine 
pearches; Thence north-east ten degrees, thirty-five minutes, ninty-six 
pearches ; Thence north-cast thirtie-thrce degrees, fifty-five minutes, 
fifty-six pearches; p. me, JOHN HARPER, Junior. 

[Record of the Road from dunken Williams' Landing To The old 
king's Road. 

By virtue of the Governor's speciall warrant, bearing date y° 28* 
day of October, 1696, to mee directed, psuant to an order of the 
Governo'' & Council, granted upon the applicaon of Andrew Hamil- 
ton, esq^ Governo'' of y" Jersies & post m' generall, I Have surveyed 
(Sj Laid outt the king's roade from y" Landing of dunken Williams, 
on delaware, in the Countie of Bucks & province of pennsilvania. 
Beginning there at a Spanish oak att High water mark ; thence sixtic 
foot broad, extending North North-west on each side the Line, divi- 
ding betwixt the Land of the sd duncken Williams & Nathaniel Hard- 
ing, Two Hundred pearches; Thence in the sd duncken's Land, north 
eightie-One degrees, westerlie fourtie pearches ; Thence north sixtie- 
Ibure degrees, westerly sixtie-two pearches, Unto the old king's Roade 
which Leads to Philadelphia, & Hath been ancientlie Surveyed' & 
Returned. The Janry, 1696, p. me, 

THO. FF AIRMAN, Survey^ 



Province of Pe>"xsilva>'ia & Territories. 

■Minutes of Council in the Assembly, Anno R. R. Gulielini, Tetj 
nunc Anglite, &c. Octavo. 

[26'" October, 1696. 

Att a Councill Held att Philadelphia Die Luna?, Se** OctoV, 1696, 
hora tertia post meridiem. 



468 MINUTES OF THE 



WM. MARKHAM, Esq'.. Governo' under Wm. penn, Esq'. Aic. 
Edward Shippcn, Jasper Yeates, Wm. Clarke, 

Anthony Morris, John Hill, J no. Donaldson, 

David Lloyd, John Brinckloe, pat. Robinson. 

The Representatives Returned to serve in Assembly, by Sam" 
Richardson & Wm. Rodene}^, acquainted the Governo' that they wer 
readie to make their appearance, who told them that hee waited for 
them. 

After some time Sam" Richardson, James Fox & Nicholas Walne, 
(Sam" Carpenter absent,) for the Countie of Philadelphia ; Wm. Biles, 
Joshua Hoops & Wm. paxton for the Counlio of Bucks ; John Sim- 
cocke, Jn" Blumston & Caleb pussey for the Countie of Chester ; John 
Hussey, Cornelius Empson and George Hogg for tlie Countie of 
Newcastle; Wm. Morton, (Richd Willson absent,) for the Countie 
of kent, (Thomas pemberton & Roger Corbet for the Countie of Sus- 
sex, absent.) All those present did subscribe the declaraon of fideli- 
tie & profession of the Christian beleife &." the Test. Adam peterson 
for Newcastle, Wm. Rodeney for kent, & Jn° Meirs for Sussex; and 
took the oathes appointed by act of parlianit to betaken instead of the 
oathes of allegiance & supremacie, & Subt. the test. The repsen- 
latives appearing, being thus Qualified, The Governo" said: Gentl., I 
desire you to goe together & choose yo"" Speaker, & present him to 
mee to-morrow morning att ten of the Clock. 

Adjourned to 27"' instant. 



[27""- Octob', lc96. 

Att a Council Held att Philadelphia die Martis, 27"" October, 1696. 

PRESENT : 

WM. MARKHAM, Esq'. &c. et ysdem ut supra. 

Cornelius Empson & Wm. Rodeney, from the assembly, told the 
Governo' that they wer readie to waite upon him ; Who answered 
that hee & Council had expected them a Long time, & desired they 
mif^ht come. Who accordinglie came, and presented John Simcocke 
for their Speaker ; Who having disabled himself, Hee desired the 
Governo' to Command the assembly to choose another in respect he 
■was antient, & that there wer more fitt psons for that trust than hee 
among the Representatives. To whom the Governo' answerd, that 
hee was well satisfied in the choice. 

Then the Governo' said: Gent., The effectuall Consideraon of her 
Late matjcs Letter was the chief occasion of my calling the last Coun- 
cil & assembly, and seeing att that time nothing was done to ans'the 
same, and that the Quota of men, &c. therein cxprest to be given by 
this province to Newyorke, Hath been often demanded of us by Go- 
verno' ffletcher, Therfore, I propose it to you now as the first thing 



PROVINCIAL COUNCIL. 469 

to be Considred. The second thing I Recomend to yo' Consideraon 
is the Securitie & defense of this province & territories, & that the 
rather, because when his matie was pleased to restore Af penn to his 
governmt, Hee gave his Matie good assurance that hee wold take care 
of the governm' of the same, &, would provide for the saftie & secu- 
ritie therof all that in him Lay ; To Inforcc both which, the Go' desired 
the Secrie to read his matjes Lrcs patents unde' the great seal of Eng- 
land, restoring M' penn to his governmt & her Late matjes Letter : 
which hee did, & delivred Copies of both to the assembly for their 
greater ease & satisfaction 
Adjourned to 28"' instant. 



[28'" Octob% 1696. 

Att a Council Held att Philadelphia die Mercury, 28* October, 
1696. 

present: 
WILLIAM MARKHAM, Esq', Governo' &c. et ysdera ut supra, except 

.In" Donaldson — sick att philad. 

The Governo'' told the Council that Hee had received His Excellie 
Go' ffletcher's speech to the assembly of newyorke, dated 16* instant, 
which had some relaon to the first thing by him recommended to the 
assembly, viz : The Consideraon of the Late Queen's Lett' for the 
Quota to be sent by this province to Newyork, and askt the advice of 
the Council, whether to Lay it before the Assembly. The Council 
advised him to lay it before them. 

Adjourned to 3 post meridiem. 



POST MERID. 

Att a Council Held att Philadelphia, Hora tertia post meridiem. 

present: 
WM. MARKHAM, Esq'. Governo', &c.,et ysdem ut antea, except ut 

antea. 

The Governo' Ordered Wm. Clarke & pat. Robinson to acquaint 
the Assembly to aitend him forthwith, which they two accordinglie 
performed, & told the Governo' they wold wait upon him. M' Speak- 
er &, the members of Assembly appearing. 

The Go' said : " Gentl, You may Remember that the 27'" instant 
" I recomended to vou the effectual Consideraon of the late Queen s 
" Lett', & his Excellie the Go' of newyorke, his demands of tlie Quoto 
•' therin mentioned, to be sent for the assistance of newyork from this 
" province. Since which, I have received the sd Go' ffletcher's speech 
" to the assembly of newyorke, dated the 16'" instant, which had some 

40 



470 MINUTES OF THE 

" relation to that matter, which I give you, that thereby you may 
" see the pressures of that province, & the great occasion they Have 
"of men & monio, & of food & rayment,to be given to those nations 
" of Indians that Have LatcHc suffered cxtreamlie by the French, 
" which is a fair opportunitie for you (y" for Conscience cannot Con- 
" tribute to warr) to raise monie for that occasion, be it und' the 
" Colour of support of governm', or of rehefe of those Indians, or 
" what else you may call it. The Speaker said they wold Consider 
" of it." 

Adjourned to 30* instant. 



[SO'^Octob', 169G. 

Att a Council Held att Philadelphia die Veneris, 30* OetobS 1696. 
, present: 

WM. MARKHAM, EsqS Governo'", &c. 

Edward Shippen, Jn" Brinckloe, John Hill, & 

Antho. Morris, Wm. Clark, pat. Robinson. 

David Lloyd, 

The Go' acquainted the Council that yesterday Hee had received 
a Letf from his Excelly Go' flletcher, of Newyork, demanding the 
Quota assigned for this province 6s newcastle ; which hee caused the 
Secrie to read, and then ask the advice of the Council, whether to 
send for the assembly & comunicate the same to them. The Coun- 
cil advised him so to do. 

Ordered, that John Hill & Jn° Brinckloe acquaint the assembly to 
attend y^ Go' forthwith. Who reported that the Assembly wold wait 
upon him speedilie. 

Then the assembly desired admittance, and wer accordingly 
admitted. 

Then the Governo' said : " M'' Speaker & you Gentl. of the asscm- 
" bly, you are a verie silent & close Assembly, which I believe pro- 
" ceeds from some jealousies you may have that I intend to take away 
"• yo' Charter. M' Goodson relinquished his assistanceshipp to me, 
" that Arthur Cook might take it up, by presenting to mee a Comis- 
" sion from the proprietor to me, which hee had keept hid from mee 
" these 18 mo's past, &. w"^*" authorized me to act according to Law& 
" Charter, & by another to Sam" Jennings & Arthur Cook, to be my 
" assistants, which they also keept hid from mee the Like time. 
" Gentl, After the proprietor had his Governm' restored to him, I was 
" of opinion that his Charter to you was in force, and I then called 
" you together according to it, (except in the day,) & endeavored to 
" putt the governm' in that frame it was in before it was taken from 
"him,& no man more asserted the powers of the Charter than I did, 
" and am still readie to doe ; But the then Representatives wer ot 
" opinion that it Could not be Reassumed but by a Legislative authorilie, 



PROVINCIAL COUNCIL. 471 

" which was a thing of too great moment for mee to have done 
" wtout advice from the proprietor, who gave the Charter; and since 
'•• att that time you owned not yo'sclves to a provincial Chartcral 
" Councill, It Avas then in my power to dissolve you, which I did. 
" Gentl, no man ever heard mec say that the Charter was void, & 
" no man stood more for the defence of it than myself. And had 
" that^Comission v/hich M' Cook now presents to mee from the proprie- 
" tor, which authorizes mee to act by Law & Charter, been the first 
" presented to mee, I could not even by it, have acted more Chartcr- 
" allie than I did by that by which I then & now act, which authori- 
" zes mee to act according to the Laws & Usages. And since you 
" say that the Charter cannot be put into act& motion wtout a Legis- 
'• lative authoritie, If I had power or Instructions from the proprietor 
" to doe it I wold most willinglie ; Rut yet for all that, care must ho 
" taken ifor the governm', and if by Charter I can doe nothing by the 
" king's Letters patents, I must, seeing the emergencie of alfairs, call 
" for it with all dispatch. Gentl, If there be any thing you wold 
" have mo do that may secure anie right or claime you have in Law 
"or equitie to that Charter, or anie part of it, (besids putting it in 
" force wtout the proprietor,) Fie olTcrr that nothing you doe this 
" sessions shall be any manner of way prejudicial to yo' claime or 
" right to the same. 

" Gentl, Its above 12 mo's since I called an Assembly, & indeed 
" I was backward to call one, knowing how fond you wer of the 
" Charter, Hoping to Have Heard from the proprietor ; but now the 
" emergencies being such that I could no Longer delay the caUing 
" you, I have now called you according to the king's Lres patents to 
" M' penn, & as neer as I can according to the Customs of the nigh- 
" bouring provinces. Gentl, yesterday I received a Letf from his 
" Excellie Go' ffletcher, demanding o' Quota, &c." Which the Go"^ 
ordered the Secrie to read, w'"' was done, &, delivred to the assemblie 
for their Consideraon. 

Then the Speaker of the Assemblie presented to the Governo' a 
paper of this tenor, viz : 

" To the Governo' & Council. Whcras, the Go" has been pleased 
" to conveen us by his writts, tho' not in the form of Charter, as wee 
" could desire, Wee have obeyed the same & considred what he has 
" laid before us, "Viz : an ans' to the Late Queen's Letter, & o' pro- 
" prietor's promise upon his restoration to his governt. And wee are 
" heartilie & Unanimouslie willing &, ready to perform o"" duties 
" therein so farr as in us Lyes, If the Go'' wold be pleased to settle 
" us in o' former Constituon enjoyed by us before this govermt was 
" comitted to Go' fUetcher's trust. Siiined by order of the assemblie. 

JOHNSlSlCOCKE, Speaker." 

Then the Go"" said : "Gentl., What I have said to you but now 
" Contains a sufficient ans' to this message, Soe I need not repeat it 
" again. And Gentl, you may make what Salvo you please to secure 
" your Charter, so that nothing that shall now be done shall prejudice 
"your right & claime to it, and lie consent to it, but I cannot give it 
" you for want of power." 

Adjourned to 4 post meridiem. 



472 MINUTES OF THE 

POST MERIDIEM. 

Att a Council Held att Philadelphia Hora Quarta, post meridiem. 
i'Resent: 
WILLIAM MARKHAM, Esq'. Govcrno', &c.et ysdem «t supra. 

Two members from the assembly acquainted the Governo'' that the 
assemblic desired a Conference with some of the members of Council, 
Wherupon the Go' appointed Wm. Clark, David Loyd, John Hill & 
pat. Robinson, to join a Comittee of the assemblie, In order to Consider 
what expedient they may find outt to secure to the people their Char- 
ter, Liberties & priviledges, if the assemblie will att this time raise monie 
to ans'' the Queen's Letter for the assistance of ncwyorke, and to meet 
to-morrow morning. 

Adjourned to 3P' instant. 



[3P' Octob^ 1696. 

Att a Council Held att Philadelphia Die Saturni, 3P' Octob', 1696. 
present: 
WM. MARKHAM, Esq'., Governo', &c., et ysdem ut Supra. 

William Clarke (who was Chairman of the sd Comittee) made re- 
port to the Governo' &; Council in writting, viz : att a Comittee held 
att Philadelphia the 3P' instant: psent for y*" ('ouncil W. Clark, David 
Lloyd, Jn^Hill & pat. Robinson; for the assemblie, Cornelius Emp- 
son, Wm. Biles, Sam" Richardson, Wm. Rodeney, Caleb pussey, Jn° 
Miers, Jn° Blunston, Samll Carpenter. The matter Comitted to Con- 
sideraon being, what may be the best expedient to ans' the Queen's 
Letter & preserve the people's priviledges Considering the Governor's 
ans-- to the assemblie yesterday. 

After a full Consideraon & debate therupon, It is the Opinion of 
the Comittee that money may bo raised to ans' the Queen's Lres, with 
tills ])roviso : That the Go', att the request of y" assembly, will be 
i)leascd to pass an act with a salvo to the proprietor & the people, 
and that hee will also Issue outt his writts for choosing a full num- 
ber of rcpscntatives on the tenth day of the first mo. next. To serve 
in provincial! Councill & assemblic, according to Charter, untill the 
proprietor's pleasure be known therein, and if the proprietor shall 
disapprove of the same, that then such act shall be void & no wise 
prejudicial to him nor the people, In relation to the validitie or Inva- 
liditie of the Charter. And y" sd Wm. Clark further Reported, that 
the Assemblie have Caried the sd report to the assemblie for their 
acquiescence to the same. 

Then the Go' desired pat. Robinson to acquaint the assemblie 
that the Governo' waits for them, who returned that they wold wait 
upon him speedily. 

The assemblie appearing, M' Speaker presented to the Governo' 



PROVINCIAL COUNCIL. 473 

the said Report, with this addition, viz : The assembly having approv- 
ed of this report, Humbly request the Governo' to Consider the same 
and Concurr therein. Signed in behalf of the assembly, y' 31" dav 
of the 8'" mo., 1696. JN" SIMCOCKE, Speaker. ' 

Adjourned to 3' Novemb', 1696. 



[3^Novemb% 1696. 

Att a Council Held att Philadelphia Die Martis, S"* Nov', 1696. 

PRESENT : 

WILLIAM MARKHAM, Esq% Governo\ 
Edward Shippen, Jasper Yeates, John Hill, 

Anthony Morris, John Brinkloe, pat. Robinson. 

David Lloyd, Wm. Clarke, 

The Governor said : Gentl, I here propose to you a frame of go- 
vernm' much the same w' the Charter, but with some emendaons &; 
alteraons, which I think to present to y' assembly, & yrfore desired 
Jn° Hill & Jn" Brinckloe to acquaint them that hee waits for them 
who return that they will wait on him forthwith. 

The assemblie appearing, The Go' said : M"" Speaker & you Gentl. 
of assemblie, I have Considered the Report of the Comittee &, yor 
acquiescence w' it, have drawn up some heads of a frame of governm' 
with some emendations & alteraons from y" Charter, w'** I give you, 
& desire you to Consider of it & draw it up into a bijl, & then I will 
Consider whether to pass it into an act or not. 

Adjourned to T'^ 9b', 1696. 



[7* Novemb', 1696. 

Att a Council Held att Philadelphia Die Saturni, 7"" Novemb', 
1696. 

present: 
WM. MARKHAM Esq', Governo', &c., et ysdem ut supra, except 

Jasper Yeates. 

The Go' desired pat. Robinson & Jn" Brinckloe to acquaint the 
assemblie that hee and Council doe wait for ym, who returned y' y* 
assembly wold wait on him in a verie short time. 

The Assemblie appearing. The Speaker presented to the Go' five 
bills which had past their house. The Governor told ym that hee 
would cause them to be read & Considred. 

Then the Go' desired the Secrieto read the first bill, which hee did ; 
it ordered the following title to be prefixed to it, viz : The frame of 

40* 



474 MINUTES OF THE 

the govcrnm' of y° province of peqnsilvania & Territories yrunto 
belonging. As also, ordered tlie two Interlineations in page 2*^ to be 
delet. And in page 3"^, instead of the words (three years,) to insert 
the words (Two years ;) and in page 8"', after the words (relating to 
I he peace,) to insert the word (saftie.) 

Then the Go' desired the Secric to read the second bill, entitled an 
act for raising One penny per pound, &c. which hee did, and ordered 
in page 4"~* the words (support of goverm' and) to be delet ; and ordered 
the Secrie to Gary them back to y" assembly with the sd amendments, 
for their perusal. 

Adjourned to 2 post meridiem. 



POST MERID. 

Att a Council held att Philadelphia eodiem die, post merid. 
present: 
WM. MARKHAM, Esq'. Governo', &.c. et ysdem ut supra, except ut j 

supra. 

The Go'' desired y^ Secrie to read y'' 3'' bill, entitled an act how to 
raise Countie Levies, which was approved of. As also the 4"" bill, 
entitled an act for preventing of Hoggs, &c. Running att Large in the 
town of Chester, wch was approved of. As also y'' 5"" bill, entitled 
An act for preventing of accidents that may happen by fire in the 
towns of ])hiladelphia & newcastle, wch was approved of. 

Then the Go' desired Jn" Hill to acquaint the assemblie y' he waited 
for ym forthwith. 

The assembly appeared & psented to y' Go' the first two bills wch 
ihey past in their house, wt the amendments proposed. Then the 
Go' Caused y" Secrie read over everie one of y" s-d five bills three 
times, & to under writ each bill in these words, viz : philad. y" 7"' 
day of 9br. 1696, this bill being three times read, was assented to by 
y' Go' & Council, and then hee did pass ym all, one after another, by 
affixing yrto his hand & Seal of y" province. 

Then y° Go' ask't y" assembly whether they had prepared any 
other bills for his assent. Who ansred no. Then the Go' said: GentI, 
1 doc dissolve you, & you are hereby dissolved. 

The end of the 4"' Sessions of Council & Assemblv. 



PROVINCIAL COUNCIL. 475 

[PHILADELPHIA IS'" May, 1697. 

Alt a Councill Held att Philadelphia die Jovis, 13'^ May, 1697, post 
merid. 

PRESENT : 

WM. MARKHAM, Esq', Governor under Wm. Penn, absolute proprie- 
tarie of y° province of pennsilvania and the Territories thereunto 
belonging. 
Sam" Carpenter, John Simcocke, John Curtis, 

Edward Shippen, Caleb pussey, Wm. Clark, 

Joseph Growdon, peter Alriches, Jno. Hill, 

phineas pemberton, Richd Halliwell, pat. Robinson, Secry. 

Upon Reading y° petition of peter Gronendyke, desiring an appe&l 
to the next provincial Court, &c.,& full debate yron. It being by the 
Governo'' put to the vote whether the sd petion ought to be granted ; 
It was caried in y^ negative, nemine contradicente. 

Adjourned to IS* May instant. 



[15''"' May, 1697. 

Att a Council Held att Philadelphia die Sabbatti, A. M. 15* May, 
1697. 

PRESENT : 

WM. MARKHAM, Governo', und' Wm. Penn, &c., et ysdemut antea> 

except peter Alriches. 

Sam" Atkins petion ag' Edmond Button, Requesting the Governo' 
& Council again to order y" said Button to receive from him y*" 121b. 
yrin mentned & charges, that hee may be eased from His Unreason- 
able demands & vexatious proceedings, & that his estate may not be 
any longer Incumbred & may have Libertie to Leass or sell y' same, 
was read. 

Ordered, That the Secrie give the sd Edmond Button a Copie of the 
sd petion, and that Hee be summoned to appear bcfor the Governo'' & 
Council, To make answer to the same. 

Adjourned to y" 20"' May instant. 



[20"" May, 1697. 

Att a Council Hc^d att Philadelphia die Jovis, A. M. 20"" May, 
1697. 

present: 
WM. MARKHAM, esq. Governo'' und' Wm. penn, &c., et ysdem ut 
antea, except ut supra. 

The petion of Rob' Chinton, Edmund Lassey & peter Clauson 



476 MINUTES OF THE 

being read, setting forth That they wer Comitted Closs prisoners for 
suspition of piracie &L felonie, wherof they wer not guiitie, & yrfor 
desired Releasment, or that bail might be taken for their appearance. 

Ordered, that Robt. Snead appear before the Governo' & Council 
to-morrow morning, & bring with him his Informaon ag' the peti- 
tioners. 

Upon reading the petion of y* Repsentatives for the Countie of kent, 
Setting forth THat Richard Willson & Wm. Morton, to whom the 
care of purchasing a piece of Land & building a Court-house for y° 
sd Countie att the Head of Jones's Creek, was by the grand Jurie of 
the said Countie Committed, who have purchased the Land, but denie 
to be anie further concerned yrin ; And therfore, desiring that some 
other persons that are willing to Compleat such a building, may be 
appointed, And that the sd Richard Willson & Wm. Morton, Render 
a just accompt of what they have Received, and how they have dis- 
posed the same, &c. 

Ordered, THat the next Countie Court for the said Countie doe 
appoint two other psons to build the said House, and that the sd 
Willson &L Morton do forthwith accompt with & pay to the said 
Court, in behalf of y' Countie, what they have received ; And if they 
Refuse, that the sd Countie Court doe make Return of their Contempt 
to the Governo' and Council. 

Adjourned to the 21'' instant. 



[•2P' May, 1697. 

Att a Council Held att Philadelphia Die Veneris, A. M. 21" May, 
1697. 

present: 
WM. MARKHAM, esq^, Governo'" under Wm. penn, &c., et ysdem 

ut antea, Except peter Alriches. 

Robert Snead appeared before y' Governo' &; Councill, who ask't 
him for his Informaon agt Robt. Chinton, &c. Hee answered that hee 
had no Informaon nor the proclamaon, but said that hee had sent for 
y° proclamaon ag' Averie als. Bridgman, and that hee wold no other- 
wise prosecute the sd Rob' Chinton then as a justice of the peace, & 
that the attornie generall would prosecute, & y' when the petioners 
Came to their triall, Hee would exhibit an Informaon ag' ym. 

The petion of the Repsentatives for Bucks Countie being read. 
Setting forth their want of a Convenient Roade from y' Countie of 
Bucks to Philadelphia, & a roade to the ferry att dunken Williams', 
In manner vrin mentioned. And yrfor Requesting the sd roads to be 
Laid outt accordinglie ; Ordered, That the sd Roads be Laid outt 
with the Consent of y° nighbourhood, And that a warrantt be direct- 
ed to phineas pemberton, Surveyo' for Laying outt the same accord- 
inglie. 



PROVINCIAL COUNCIL 477 

Upon reading the petion of Mary keys, widdow, Relict &, adm'rix 
of Richard keys, deceased, setting forth That his psonal estate 
amounts but to 1421b. 15s. as p. Inventarie, and that shee stands 
Indebted to severall persons in y' sum of 19 lib. 7s. that is alreadie 
Come to Her knowledge, and fears more debts yet unknown may 
come upon her, &■ finds no bodie indebted to her ; Wherby it appears 
that the sd movable estate will not by farr amount to the paymt of 
her debts that already appear, farr Less to educate & maintain her 
<Si her two poor children : And yrfor Requesting the Governo'' and 
Councill to allow & permitt the petion"" att present to make sale of 
such part or parts of the real estate as they shall see meet, Towards 
y° defraying of such just debts, the educaon of her children. Her owne 
support, & the better Improvment of y" Remaind' of the sd estate to 
their advantage, According to the Laws and Customs of this pro- 
vince. 

Ordered, That Wm. Clarke &, Edward Shippen Inspect & examin 
the within petition and the truth of the allegaons yrof, & make Report 
to this board y' 22"^ instant. 

Adjourned to 22'' instant, Hora 9 A. M. 



[22^ May, 1697. 

Att a Council Held att Philadelphia Die Sabatti, A. M. 22'^ May, 
1697. 

PRESENT : 

WILLIAM MARKHAM, esqS Governo% &c., und' Wm. penn, et 
ysdem ut antea, except ut supra. 

William Clark & Edward Shippen, to whom the inspection and 
examinaon of the petition of Marie keys, & of the truth of the alle- 
gaons yrof, was Comitted, made Report to the Governo'' &c Council, 
that they have examined the allegaons of the sd petitions & do find 
that shee is Considerably indebted more than the movable estate will 
defray. 

Ordered, That the sd Marie keys be allowed & permitted, and is 
hereby by the Governo' & Council, allowed, permitted, authorized & 
Impowered for y^-present, to make Seal & Conveyance to any persons 
whatsoever, of the brick house in the Second street in the town of 
Philadelphia, with the Lott of Land & apptenances thereof, & to 
them & their Heirs & assigns forever, towards the defraying of her 
&; Her sd deced Husband's just debts ; The educaon &, maintainance 
of her two children, her own support, & the better Improvment of y' 
Remainder of the sd estate to their advantage, according to the Laws 
& Customs of the said province. To Hold to the said purchasers, 
& their Heirs & assigns, & to the use and behoof of the sd pcha- 
sers, their Heirs & assigns in fee simple, & estate of Inheritance for 
ever, &.c. 



478 MINUTES OF THE 

According to a former order from the Govcrno' & Coi;ncil y* 15'" 
May instant, Edmond Button appeared, &, being heard to answer the 
petition of Sam" Atkins, exhibited ag' him the said day, and being 
ask't why he did not accept of y" 12ib. when it was tendered to him 
by y' sd Sam" Atkins, according to an ord' of this board the 31'' of 
OctoV, 1696. The sd Edmond made answer that the sd Sam" never 
made anie such tender, & if hee had, Ilec declared that hce never did 
nor wold accept of y" same. And Sam" Atkins Having produced to 
the Governo' &; Council sufficient proofT of the said tender, (accord- 
ing to the sd former order,) before the Countic Court & att this board, 
both by writting, &; by the knowledge of some of y" members ot 
Councill, 

It was ordered, THat the sd Sam" Atkins doe att the next Countie 
Court of Philadelphia, Consign, deposit & pay the sd sum of 121b., 
with all the Legall cliarges that Have accrued upon the suits upon 
the bonds of arbitraon, both att the Countic & provinciall Courts, 
into the hands of Jn° Claypoole, sheriff of y° sd Countie, for the use of 
the said Edmund Button, and that the same so Consigned, deposited & 
paid, be in full satisfaction to the said Edmund, of all sum & sums of 
monie due by the sd Sam" Atkins to the sd Edmund Button, by reason 
of the sd arbitration, bond, Judgmt & exccuon following therupon ; 
And that after the said Consignment is made, THat an order from the 
Governo", und' his hand & seal of the province, be directed to the 
Sheriff of Philadelphia, Comanding Him. to make Restitution to the 
said Sam" Atkins, of all goods, chattels, houses, Tenements, Letts 
and Lands, which be has taken in execuon upon the said Judgment, 
becaus the said execuon did Improvidentlie Issue forth. 

Upon Reading the petion of Ann Collins ag' Jn° Crapp, Chirur- 
geon, his severe treatment of her, Jn'' Crapp appeared & produced a 
warrant, und' y' Hand & Seal of a Justice of y' peace, Comanding 
him to take her Into His particular charge, to be cured of her mad- 
ness, &L declared that hce used her as a patient in that Condion. 
Ordered y' y'= petitioner & her complaint be & is referred to the jus- 
tices of y" peace <vf y' Countie of Philadelphia, for relief. 

Adjourned to y 24"* instant, hora 9 A. M. 



[24* May, 1697. 

Att a Council Held at Philadelphia die Lunrc, A. M. 24* May, 
1697. 

present: 
WM. MARKHAM, esq'., Governo'' Under Wm. penn, &c. et ysdem 

ut antca, except ut supra. 

Upon Reading the petion of Edward Antill, Setting forth the rea- 
sons offered by him ag' a Judgm' obtained in a provincial Court held 
for y' Countic of Bucks, y' 15'" of April, 1695, wherin Gilbert 



PROVINCIAL COUNCIL. 479 

Wheeler was appellant, & by which Judgm' the petitioner alledges 
hee had wrong done him, & y'for desiring from the Go' & Council 
such Relief as they shall think most most just & equitable, both in 
Law & Conscience, or grant him an appeal for England, as y' Law 
directs. 

After some debate yron, It was by the Go' put to y° \otc, whether 
y' sd Edward Antill's Case, & y° Judgm' given by y' provincial Judges 
in the Last Court of equitie in the Countie of Bucks, should be Re- 
heard in y' next provincial Court in equitie for y" sd Countie. It was 
Carried in the affirmative, nemine Contradicente. 

Ordered, That the said Case & Judgment be Reheard in the next 
provincial Court in equitie for y° sd Countie of Bucks, by y' Judges 
to be appointed for y' said Court. 

Upon Reading the petion of Tho. Curtis, messinger of the Council 
for y° Last year, and this ss., desiring paym', Ordered that the Go' 
Issue his warrant to the Receiver, James Fox, to pay the petition' .51b. 
10s. In the order as the act for Assessment in 1696 prescribes. 

Upon Reading the petion of sundrie mer"' of Philadelphia, about 
the naval officers' fees. The same was Recomcnded to y' Consideraon 
of the assemblie for ascertaining y° sd fees. 

The Speaker of the assemblie presented to the Go' & Council a 
Bill of Charges for their house rent. Clerk & messinger's fees, amount- 
ing to 

Ordered that the Go' Issue his warrantt to the Receiver, James 
Fox, to pay the sd bill, in y' Order as the Law for y' sd assessment in 
1696 prescribes. 

Att & Upon the Request of patrick Robinson, Secrie, that the accot 
of his services done for y' publick from the T"" day of 9br. 1696, to the 
Rysing of this sessions of Council and assemblie, be made up & paym' 
made him accordinglie. 

Ordered, that the sd pat. Robinson's accot of his Services done for 
y" publick from the sd 7"" day of 9br. to the rysing of this ss. of Coun- 
cil & assembly, be made up at the next nieetting of Council, and paym' 
ordered him outt of the provincial stock, as soon as it is or can be 
raised. 

Adjourned to v* 10"' of June, to the House of phinehas pemberton, 
in Bucks Countie. 



10"' June, 1697. 

Att a Council Held att the House of phineas pemberton, 10*^ June, 
1697. 

WM. MARKHAM Esq'. Governo' under Wm. penn, <Sjc. 
Sam" Carpenter, Caleb pussey, 

Joseph Growdon, phineas pemberton. 

Upon Reading the petion of the Inhabitants & owners of Lands 



480 MINUTES OF THE 

within the Countie of Bucks, but more especiallie within the Town- 
ship of Bucks, Setting forth that from the arrival of the English here, 
divers adventurers settled in that part of the province which was 
afterwards made into a Countie by the Go'' & Council, who did ap- 
point its Limitts & called it by the name of Bucks, and that the sd 
Countie has had no market town; And that severalls in the said 
Countie have Considered of a place for a market town, viz: att the 
ierry agt Burlington, within the sd township of Buckingham, and that 
the sd psons have projected the same Into ways & streetts, Having 
regard to the divisions of divers men's Land by the sd streetts in 
the sd town as now Laid down ; And yrfore Requesting the Governo' 
and Council to take it into their Consideraon, & if they approve the sd 
place, then to modcll the sd streets wherin th'-y are not agreeable to 
their minds, and where they are to approve ym ; as also to grant ym 
a market there weeklie ; as also to grant ym the Libertie of wharhng 
& building to a Convenient distance Into the river & Creek ; As also 
that everie street and opening towards the river & Creek may be 
allowed to be a publick Landing ; As also that the buildings on the 
banck may be so regulated as ther may be a street under the bank, 
both to the river & creek, and that the major part of owners of Lands 
there may have power to appoint two or more psons to see that the 
sd regulation be observed & keept without anie encroachment; as 
also that they may have an officer Licensed to Seal all Liquid & dry 
measures. 

The which request being by the Governo'' & Council verie reasona- 
ble. It was Resolved that a town be there erected, and the ways & 
streets to be according to j^ model y" agreed upon. 

Ordered, that a fair draught be made (according to the said modell) 
by phineas pemberton, Surveyor of y' ways & streets, &> their seve- 
ral names & bearings, to be further Confirmed by the Governo'' and 
Council. 

Ordered, That Jn° White be licensed to have a seal to seal Liquid 
and dry measures, according to the sd petion. 

Ordered, that a Road be Laid outt from the passage over port- 
quessing Creek to Neshamine Creek, att Joseph Growdon's Landing, 
in the Land hee Latelie bought of Thomas flairman, & from thence 
to Buckingham, and thence to Joseph Chorley's house, and thence to 
the River side ; and that a ferrie be settled att the aforesaid place 
att Neshaminee, and another over delaware, agt the house or Lane of| 
the sd Joseph Chorlev, where the road shall be Laid outt. 

Ordered, That a bridge in the road over portqucssing Creek, be! 
forthwith made new by the Countie of Philadelphia &, Bucks, attj 
their cquall charge. 

Ordered, that the said Jos. Chorley Have License to keep the ' 
ferrie over delaware, and Jn" Baldwine over Neshaminee, they giving 
good securitie to the proprictaric for the performance of their dutie 
therein. 

Ordered, That Wm. Biles &c phineas pemberton doe discourse the 
Inhabitants of West Jersie principallie concerned about Laying outt 



PROVINCIAL COUNCIL. 481 

the road for Nevvyork that side the River, and if possible, to miss 
mill stone river, or to be Laid outt over it in a convenient &, sate 
place. 



[12* June, 1697. 

Att a Council Held att Philadelphia 12* June, 1697. 

PRESENT : 

WM. MARKHAM, Esq'. Governo' under Wm, penn, &c. 
Sam" Carpenter, Caleb pussey, phineas pemberton. 

Edward Shippen, 

The Governo' Having read a Letter from Wm. Stoughton, esq'., 
Governo' of y' Massachusetts bay in Newengland, dated att Boston, 
y" 29"" May, 1697, in which was inclosed a Copie of his Maties Lett' 
to the sd Lt. Go', bearing date from kensington, y° 18° of March, 
1696-7, Requesting him to encourage the sending of such provisions, 
victualls & refreshments, as may be usefuU to his maties Shipps & 
Land forces in their expedion to New found Land, In order to the 
recoverie therof from the french, and the sd Wm. Stoughton's Letter, 
signifying to the Go' their inabilitie to ans' His maties Comands in 
respect to their scarcitie of provisions, thought it necessarie for His 
Maties Service to Comunicate y' same to the Governo', not doubting 
of his readines to encourage the sending of such provisions, victualls 
& refreshments to New found Land, as may be needful for His Maties 
shipps 6c Land forces employed upon that expedion. Resolved, 
That the Governo' Issue his proclamaon Signifying the sd occasion, 
& yrin to give all encouragement Can be desired by any persons 
that arc willing to export anie provisions, victualls or refreshments 
to new found Land, for the expedion aforesaid. Which hee accord- 
inglie did y'= IZ"* of June, 1697. 



[1=' October, 1697. 

Att a Council Held att Philadelphia the 1^' of Octob', 1697. 
pkesent: 
WM. MARKHAM, esq', Governo' under Wm. Penn, &c. 
Sam" Carpenter, Edward Shippen, Caleb pussey, 

Wm. Clark, John Simcoke, Richd. Halliwell, 

Upon Reading ofthepetion of Elizabeth Hooton, widdow, & Elinor 
Whitfield, Her Servant, that they might come to a Speedy trial!, upon 
a psentment brought ag' them the Last provincial Court, about the 
death of Charles Goss, THe Governor putt it to the vote whether they 
had any thing to object ag' their having a specdie triall, or his granting 

41 



462 MINUTES OF THE 

a Special Comission for y^same. It was Caried in the negative, ne- 
mine Contradicente; that is, that they had nothing to object ag' \' 
same. • 

Ordered, That the Governo' Issue a Special Commission for the 
triall of the said Elizabeth Hooton and Helinor Whitfield, her servant. 

Upon Reading the petion of Robert Webb, for a Rehearing of 
George plater's ac'on ag' him, att the next Countie Court, or beforthe 
provincial Court, The said petion after full debate, was rejected. 

Upon Reading the petion of Thomas Curtis, for Clerk of the mar- 
ket & Corder of wood, The same was granted him. 

Then the Governo'' said: Gentl, I Latelie received a Letter from 
His Excelly Francis Nicholson, Governo"^ of Marie Land, bearing 
datey" 16'"' of August last. I have forborne making ans'' to it, Until 
1 had opportunitie to Comunicate y'^ same to you, in ord' to have yo' 
advice therein, being equallie Concerned in it with my self: Read it. 
The Clark reads the direction, viz: To the Right Honble Wm. Mark- 
ham, &c. att Philadelphia. Tiien the Governo' bid the Clerk read 
onlie the last paragraph, that being all that concerned ym. The 
Clerk reads, viz: 1 hear it's reported that I entered Into Sussex Coun- 
tie (in which I suppose the whor-kills is) with men & horse, &; broke 
open chests, &c., att which Report I verie much \\onder ; therfore, 
desire that you would do that piece of Justice as to send mee under 
yo' hand, what you know in that affair. And I think I ought to have 
it also from under y" hands of those who arc of the Council of penn- 
silvania, &;c. And if these two things are denied mee, You must all 
excuse mee If I esteen! you all cneniies to i 

FFR. NICHOLSON. 

After some debate yrupon, It was Resolved ; That seeing the sd 
Letter was onlie directed to Coll. Wm. Markham, & not to him as 
Governo% nor to the Council of this province ; Therfor, y" memliers 
of Council did Humbly otferr it as their opinion to the Governo', That 
they are und' no obligation to make ans'; But as they have hitherto 
done justice to all who addrest ymselves to this board for it, so they 
shall ever Continoue to doe the same. 



PROVINCE OF PENNSILVANIA AND TERRITORIES. 
Minutes of Council in the Assembly. Anno Ri. Rs. Guliclmi, Terly 

nunc Anglite, &c. Novo. 

[lO"' May, 1697. 

Att a Council Held at Philadelphia Die Lunae, Anie moridienn, 10'* 
May, 1697. 



PROVINCIAL COUNCIL. 483 

pkesent: 
WM. MARKHAM, esq'., Governo"' under Win. Penn, esq'., absolute 

proprietor ofthe province of peniisilvania, and the Territories there- 
unto belonging. 

The sheriff oTthe Countie of Philadelphia his Return of Represen- 
tatives for Council was produced, whereby it appeared that ther wer 
elected, Sam" Carpenter & Edward Shippen, who appeared. 

The SheriiTof the Countie of Bucks His Return of Representatives 
for Council was produced, wherby it appeared that there wer elected, 
Joseph Growdon & phineas pemberton. The sd phineas appeared. 

The SheriiTof the Countie of Chester his Return of repsentatives 
for Council was produced, qrby it appeared that there were elected 
Jn" Simcocke & Caleb pussey, who appeared. 

The said five repsentatives for y° sd three Counties did subscribe 
the declaraon o^fidelitie, The profession ofthe xtian faith & the test, 
and took their places alt the board. 

The sheriff of the Countie ofkent his Return of Repsentatives was 
produced, qrby it appeared that thcr wer elected GrilTith Jones & Jn° 
Curtis, who appeared: But being unwilling to be Qualified at that 
time, they wer desired by the Governo'' to absent for that time. 

The Sheriff" of the Countie of Sussex His Return of Repsentatives 
was produced, qrby it appeared that ther wer elected Wm. Clark &- 
Jn" Hill. VVm Clark subscribed the declaraon, profession & Test, 
ut supra, & .In" Hill took the oaths appointed by act of parliam' to be 
taken in sted of the oaths of allegiance & Supremacie, <k, subt. the 
Test, and took their places att the board, & yn ther wer 

present: 
WILLIAM MARKHAM, esq'., Governo'' und' Wm. penn, esq'., «fec. 
Sam" Carpenter, John Simcocke, Wm. Clark, 

Edward Shippen, Caleb pussey, John Hill, 

phineas pemberton, Pat. Robinson, Secry. 

Resolved, that the Governo' may be pleased to Cause send by an 
express a warrant to the Sheriff" of the Countie of Newcastle, to bring 
liis return. Which the Governo' was pleased to do und' his ovvne 
hand & Seal of y' province. 

Adjourned to 2 in the afternoon. 



POST MERID. 
Att a Council Held att philad: die Luna?, post meridiem, lO** May 
1697. 

PRESENT : 

WM. MARKHAM, Governo', &c., et ysdem ut antea, &c. 

Tl;e Sheriff" of the Countie of Philadelphia his return of Repsenta- 
tives for assemblie was produced, qrby it appeared that there wer 
elected Sam" Richardson, James Fox, Robert Owen and Nicholas 
Walln, who appeared. 



484 MINUTES OF THE 

The Sheriff of the Countie of Bucks His Return of Repsentatives 
for Assembly was produced, whereby it appeared that thor wer elect- 
ed Joshua Hoops, Stephen Beakes, Richard Hough and Jeremiah 
Langhorne, Who appeared; And those eight did subscribe the decla- 
raon & profession, and the Test. 

The Sheriff of the Countie of Chester His Return of Repsentatives 
in Assemblic was produced, qrby it appeared that ther wer elected 
Jn" Blunston, Bartholomew Coppock, Jn" Worth &> Jonathan Hays, 
who appeared & subt. the sd declaraon, profession &c the test, ut 
supra. 

The Sheriff of the Countie of kent his Return of Repsentatives in 
Assemblie was produced, qrby it appeared that ther were elected Jn" 
Walker, Sam" Burberry & Jn° Bradshaw, Who appeared. 

The Sheriff of the Countie of Sussex His Return of Repsentatives 
in Assemblie was produced, whereby it appeared that there were 
elected Luke Watson, Tho. Oldman, (Thomos fieher absent,) and 
Nehemiah Field, Who appeared. 

The sd Sam" Burberrie & Tho. Oldman subt. y" sd declaraon & 
profession, & took the test; The other seven took y*" sd oaths & test. 

All which members of Assemblie y' wer returned & appeared being 
thus qualified as above. The Govcrno'' said : Gentl, I desire you to 
goe together & choose yo"' Speaker, & present him to mee to morrow 
morning att Nine of the Clock. 

Adjourned toy' ll"" instant, Hora 9 A. M. 



[y'" May, 1697. 

Att a Council Held att Philadelphia Die Martis, A. M. y" ll* May, 
1697. 

PRESENT : 

WM. MARKHAM, esq'. Governo"' und' Wm. iPenn, &;c. et ysdem 

ut Supra. 

James Fox & Jn° Bradshaw two of the Repsentatives for Assembly? 
acquainted the Governo'' <fe (Council y' y^ Repsentatives wer not wil- 
ling to Choose their Speaker untill the Sheriff of y^ Countie of New- 
castle his Return was made & their Repsentatives qualified. 

Adjourned till 12"' instant, hora 9 A. M. 



[12'" May, 1697. 

Att a Council Held att Philadelphia die Mercury, A. M. 12"= May, 
1697. 

presext: 

WM. MARKHAM, esq'., Governo' und' Wm. Penn, &c., et ysdem ut 
antea. 

Joseph Growdon appeared & subt. the sd profession & declaration, 



PROVINCIAL COUNCIL. 485 

&> the test, and took His place att the board. The ShcrifF of the 
Countie of Newcastle His return of Repsentatives for Council was 
produced, Avhereby it appeared y' there were elected for Council peter 
Alriches & Richard Halliwcll, who appeared & took y' sd Oathes & 
the Test : And for Assembly Cornelius Empson, Benj. Gumbly, Jn" 
Richardson & Jn" Buckley, who appeared & subt. y' aJDOve declaraon, 
profession & test. Then the sd peter Alriches & Richard Halliwell 
took their places att the board. 

Ordered, that Jn" Curtis, returned a repsentative for Council for v 
Countie of kent, be sent for. Who having Come, the Governo^ said 
that hee hoped Hee was now willing to be Qualified. The said Jn" 
Curtis ansred, that the Sheriff of y*^ Countie of Newcastle his Return 
of Repsentatives being Come, & they being Qualified, Hee was also 
willing to be Qualified ; Who accordinglie subt. y" sd declaration, pro- 
fession &, Test, & took his place at the board. And then wer 

PRESENT : 

Sam" Carpenter, John Simcocke, John Curtis, 

FMward Shippen, Caleb pussey, Wm. Clark, 

Joseph Growdon, peter Alriches, Jn" Hill, 

phineas pemberton, Richd Halliwell, Pat. Robinson, Secry. 

Cornelius Empson & Luke Watson, from the Repsentatives of the 
Assemblie, acquainted the Governo' that they were readie to wait upon 
him. The Go'' returned y' hee & Council tarryed for them. 

Then John Blunston, accompanied by all y^ repsentatives for y' 
province & territories, presented himself to the Governo', acquainting 
him y' y° repsentatives there psent had chosen Him for y'' Speaker. 
Who, afier hee had disabled himself by telling y*" Go' that it was a 
burden too great for him, & yrfor desired wold be pleased to bear 
with his weakness, as being unacquainted with such affairs. Then 
y'' Go'' said : Sir, you are their Speaker, & 1 verie well approve of 
their choice, & its all o"' duties to bear with one another's weaknesses, 
the best of us all being but inexpert in manie things relating to those 
affairs. 

Then the Governo' addressing himself to the repsentatives said: 
GentI, & you M' Speaker, "You are att this time mett together, not 
" by virtue of anie writt nor call of mine, but by virtue of a Law made 
" by yo''selves, or by yo"" repsentatives Last Sessions, & y'for I have 
" the Less to say to you. I recomend to yo' Consideraon a Letter 
" which I latelie received from his Excelly Benj'' Fletcher, Go' of 
" Newyork." 

Then j' Governo'' desired y° Secrie to read his Letter to him, 
hearing date y<= 4"' of May, 1697, wherin his Excelly tells him y' 
Last year they sent in 3001b. pennsilvania monie, which was expen- 
ded in Contingencies to feed & cloathe y' Indians, for which hee 
Returns thanks in behalf of y' province. Hee farther says: you know 
what orders I have for applying for assistance, & upon what condions 
y"" goverm' was restored to yo' proprietor : yo"" Quota is 80 men, &t 

41* 



486 MINUTES OF THE 

the charge for one year will amount to 20001b. &. upwards; that there 
is now 50 men wanting to Compleat the number of forces I design to 
be att Albanie, of which 1 do apply to you for 25 men, or a propor- 
tionable sum of monie, to ans' other charges w' y" Indians, & of pro- 
curing those men: and then y' Governo' gave it to M"" Speaker for y* 
Assemblie's Consideration. 

Cornelius Empson & Sam" Richardson, two members of y* house 
of rcpsentatives, acquainted y° Governo"' & Council y' y' house Re- 
quested y' Governo"' to appoint a Comittee of Council to join a Co- 
mittee of y^ Assembly, to Consider of y' sd Lett'. To whom y' Go' 
made ans' that hec would. 

The Governo"' appointed Sam" Carpenter, phineas pemberton, Caleb 
pussey, Richard Halliwell, Jn° Curtis & Wm. Clark, (being one outt 
of each County,) a Comittee of Council to join a Comittee of the 
Assemblie in y" Assemblies room, to Consider of y'^ sd Letf at 3 p. m. 
& to make report to y° Go' & Council to-morrow morning. 

Adjourned to l-S"" instant, hora 9 A. M. 



[13'" May, 1697. 

Att a Council Held att Philadelphia die Jovis, 13° May, 1697. 

PRESENT : 

WM. MARKHAM, esq"'. Governo' under Wm. Penn, &c., et ysdem 

ut supra. 

The day before y^ Go' having sent for Griffith Jones to appear 
att Council, as being Returned a repsentative for Council for kent 
Countie, Hee this day appeared, & y" sd declaraon, profession & test 
being otfercd to him, Hee refused to be Qualified, Unles hee wer ad- 
mitted upon y° old Charter. 

Wm. Clark, Chairman for y'^ Comittee appointed to Consider of 
Governo' ffletcher's Lett', made y^ following Report in writting, viz ; 
Philadelphia, y" 12* of y" S'^mo., 1697. Att a Comittee Consisting 
of Several members of Council & Assemblie, appointed to Consider 
of Governo' fletchcr demands of a further assistance to y'' Governm' 
of Newyork, May y" 4"", 1697; Having read his Letter, & weightilie 
considered y° same, wee can do no less than acknowledge his & that 
government's regard & Candor to us, in applying y" 3001b. which hec 
pleases to mention, sent from this governm' as intended, viz : to feed 
& cloath the distressed Indians. Onlie this wee wold desire, hee 
might be given furlher to understand, that y* sd 3001b. was about 
Six mo's borrowed att Interest, upon y'^ Credit of an act of Assem- 
blie for raising y° same, & is not yet repaid : Therfore, Considering 
y" Infancie & pvertie of this governm', which also Lyeth under other 
considerable debts, Wee do not find wee are capable att psent to 
raise any more money for y' service, which wee desire o' Go' may 
accordinglie repsent, with o' readiness to observe y" king's farther 
Comauds, according to o' religious psuasions & abilities. Signed 
by ord' of y° Comittee. WM. CLARKE, Chairman. 



PROVINCIAL COUNCIL. 487 

Ordered, That the secrie Carrie y' sd report to y" house of rep- 
sentatives for y' approbation ; which hee did. James Fox, one of y" 
repsentatives for y'' assemblie, Returned y" same Indorsed thus, viz : 
the within report being presented to this House, &; read & Considred, 
was Unanimouslie approved of. Si2;ned bv Ord' of y* Assemblie. 

JOHN BLUNSTON, Speaker. 

Adjourned to 2 p. m. 



POST MERIDIE. 
Att a Council Held att Philadelphia die Jovis, 13* May, 1697, 
P. M. 

present: 

VVM. MARKHAM, esq'., Governo'' und' Wm. Penn, &c., et ysdem 

ut antea. 

The Governo' Ordered the Secrie to read y^ Law past Anno, 
1696, for raising an assessment of One pennie per pound ; which hee 
did. Ordered that the Secrie Call James Fox, Receiver of y' said 
tax, to appear before y" Governo'' and Council ; Who appeared. Or- 
dered that James Fox bring in His accots to this board ; which hee 
did. Then y" Governo"' appointed Sam" Carpenter, phineas pember- 
ton, Richard Halliwell, Caleb pussey, John Curtis & Wm. Clark, a 
Comittee to examine the said Receiver's accots of the sd Tax, Si to 
make Report thereof to this board. 

Adjourned to y' 14'^ instant, hora 10 A. M. 



[14'" May, 1697. 

Att a Council Held att Philadelphia die Veneris, 14"" May, 1697, 
A. M. 

present: 
WM. MARKHAM, esq'., Governo' und' V/m. Penn, &c., et ysdem 

ut antea. 

Wm. Clark, Chairman of y° Committee appointed to examine James 
Fox, receiver, his accots, & what hee had received of the said tax, 
made report by an accot in writting. That by his owne accot It ap- 
peared tliat hee had received in all 356£. lis. lOd, & that severall 
ofy' Collectors had neither brought in the monies they had Received, 
nor the duplicats of their precincts, nor y" names of the deficients. 

Ordered that warrants be Issued from y' Governo', Comanding the 
Sheriffof Bucks Countie to sumons Jn" Rowland & Francis White, 
Collectors of Bucks Countie, And to the Sherifi'ofthe Countie of New- 
castle, to Sumons Richard Reynolds, Tho. Wollaston, Richard Cant- 
well, 6i George Harlen, Collectors of the Countie of Newcastle: As 
also, to the Sheriff of the Countie of Philadelphia, to Sumons Jn" Car- 
ver, peter Taylor, Attwell Wilmerton, Joseph phipps, Nicholas Skull, 



488 MINUTES OF THE 

Richard Townsend, Arnold Castle, John palmer, Joseph knight, Ed- 
ward Shute, Sam" Nicholls & Robert Barrow, Collectors of the 
Countie of Philadelphia, forthwith to appear before the Governo' & 
Council, & to bring with ym the duplicates of y' originall assessment 
for their sd rexive Counties, & the monies they Have received, & the 
names of y*" deficients in their respective precincts, Under y'' pains & 
penalties mentioned in the Late Law for raising the said assessment; 
Which was accordinglie done, 

James Fox & Joshua Hoopps, from the House of Repsentativcs, 
Requested the Go"^ would be pleased to appoint a Comittee of Council 
to join a Comittee of Assembly, to Consider of the amendment of 
some laws, & the making of some new ones. 

Ordered, That Sam" Carpenter, Joseph Growdon, Caleb pussey, 
Richard Halliwell, Jn" Curtis & Jn" Hill, be a Comittee to join a Co- 
mittee of the House of Repsentativcs, to Consider as desired; And to 
make Report to-morrow morning. 

Adjourned to 15"^ instant, Hora 9 A. M. 



[IS"- May, 1697. 

Att a Council Held att Philadelphia die Sabbatti, A. M. 15'" May, 
1697. 

PRESENT : 

WM. MARKHAM, Esq'., Governo^ under Wm. Penn, &c. & all y* 

members except peter Alriches. 

Joseph Growdon, Chairman of the Comittee appointed to join a 
Comittee of Assemblie, to Consider ut supra, made report to the Go' 
& Council, That they had proposed severall amendments of some 
former lav/s, & some new ones to be made. Which y^ members of 
Comittee for y" Council left to y^ Repsentativcs for the assemblie to 
be drawn up into Laws. 

James Fox & Luke Watson, from the Repsentatives of Assemblie, 
presented to the Go' & Council an accot presented to y' house by 
Charles Sanders & Compa, amounting to 231. 4s. Id., due to & ex- 
pended by him by order of Tho. Lloyd & Wm. Markham, formerlie 
Go", upon the Indians, & desired the Governo' & Councill's advice 
yrupon. 

After some debate, & it being found that the sd monie was due to 
ym for the service of y" governmt, It being putt to y'' vote whether y" 
sd accot should be allowed as a publick charge of y^ government. It 
was caried in y^ affirmative, nemine contradicente, & returned to y* 
Assembly for y' approbaon. 

The petition of severall of y* Inhabitants of y" town &; Countie of 
Chester & others, to the Go' 6c Council, for an ord' for building a 
bridge over Chester Creek, In or neer Chester-town, being read ; As 
also another paper, Containing several reasons offered ag' y^ sd petioii, 



PROVINCIAL COUNCIL. 489 

signed by several ; being read & both debated, And it being by the 
Governo'' putt to the vote, whether it's more convenient that the sd 
petion be considered rather by a grand Comittee of both Houses than 
by the Go' & Council, Caried in the affirmative, nemine Contradi- 
cente. 

Then the Govern'' Resolved the Council Into a grand Comittee, to 
Join a Comittee of y^ members of Assemblie, to consider y° sd petion 
Sl, paper, & to make report to him & Council y° 24"" instant. 

Adjourned to 17* instant, Hora 9 A. M. 



[17"- May, 1697. 

Att a Council Held att Philadelphia die Lunae, A. M. 17"' May, " 
1697. 

PRESENT : 

WM. MARKHAM, esq ., Governo' under Wm. Penn, (Ssc, et ysdem 

ut antea. 

David Lloyd, Co-exer. with Isaac Norris, of Thomas Lloyd, decea- 
sed, exhibited to y" Go'' & Council a draught of a Law to enable 
them to sell some parts of y' Real estate of y° sd Tho. Lloyd, for 
paym' of His debts. After some debate yrupon, & some amend- 
ments made yrof, it was Recomended by y' Governo'' & Council to 
the house of Repsentatives for y'' assemblie. 

John keighin, who married Sarah Griscom, the widdow, relict & 
exrix. of Andrew Griscom, deceased, exhibited to the Go'' & Council, 
a draught of a Law enabling them to sell some parts of the estate 
of the sd Andrew Griscom, for paym' of his debts. After some de- 
bate yrupon. It was recomended to the House of repsentatives for y" 
Assembly. 

Cornelius Empson & Sam" Richardson psented to the Governo' 
and Council from the house of Repsentatives, several bills for their 
assent. 

The petion of the Representatives for the Countie of Sussex for 
some defence for y' Countie being read. It was ordered to be consid- 
ered to-morrow, p. m. 

Adjourned to 18"" instant, hora 9 A. M. 



[18* May, 1697. 

Att a Council Held att Philadelphia die Martis, A. M. 18" May, 
1697. 

PRESENT : 

WM. MARKHAM, Esq'., Governo' under Wm. penn, et ysdem ut 
supra, except pet. Alrichs & Jos. Growdon. 



490 MINUTES OF THE 

James Fox & Sam" Richardson, from the assemblie, presented to 
the Governo' & Council another bill for their assent. The Sheriff 
of the Countie of Bucks His Return of y"= Sumons directed to him 
being read, Jn° Rowland, one of the Collectors of y'= sd Countie, 
appeared & brought in the duplicate of y' rate of his precinct, ds 
declared hee had done no farther, & also "declared that rather then 
he wold demand, collect, or strain for y'= sd assessment, hee wold pay 
the fine in the Law mentioned. 

Adjourned to 2 post meridiem. 



POST MERIDIEM. 

Att a Council Held att Philadelphia, p. m. 

PRESENT : 

WM. MARKHAM, Esq^, Go% et ysdem ut antea, except peter Al- 
richs. 

The Go' did resolve the whole members of Council into a grand 
Comittee, to meet the whole house of repsentatives for assemblie, 
to be a grand Comittee of both houses, to examin what monie is 
brought in according to the Late act, & to Consider what may be 
necessarie to be done for the speedy paym' of the arrears of y' sd 
tax, & to report to-morrow morning. 

Adjourned to 19"' instant, Hora 9, A. M. 



[19'" May, 1697. 

Att a Council Held att Philadelphia die Mercury, A. M. y° 19'" of 
May, 1697. 

PRESENT : 

WM. MARKHAM, Esq'., Governo' und' Wm. Penn, &c., et omni- 
bus membris, except peter Alrichs. 

William Clark, Chairman of y° Grand Comittee of both Council 
& Assembly, to whom the matter of the Assessment Laid in 1696, 
was Comitted to be Considered, made Report in writting, viz : That 
Having examined y'^ accots, found that divers Collectors have neglect- 
ed to bring in their duplicats of y' tax they wer rexivelie charged 
with in y' rexive Counties, & y' monies therein rated. And that it 
being putt to y" Question whether it be necessarie to prepair a bill 
for the better enabling the Justices & Collectors in their rexive Coun- 
ties to Collect such sums as are in arrcar & Unpaid, due by y' afore- 
said Law, and that the sd Law be reinforced h Continued untill y* 
same be collected. It was carried in the affirmative. And that it 
being also putt to y' question, whether it be necessarie that the Go- 
verno' &; Council send to the Justices in the several Counties y' are 



PROVINCIAL COUNCIL. 491 

in arrear whoise collectors have not paid in the full tax charged on 
them, to cause the same to be Speedilie sent in to the Receiver : Caried 
in the affirmative. 

The memorial of Andrew Hamilton being read in Council, for 
some encouragm' to support the post : 

The petion of y^ Repsentatives for the Countie of Sussex being 
again read, about some defence to that Countie : The petion of Tho. 
Herris about clerk of y° markett being read : All these wer referred 
to y' Consideraon of all y° members of Council & assemblie, in a 
grand Comittee, to meet in y° assemblies room post meridiem, & to 
make Report to-morrow morning. 

Cornelius Empson &. Jn° Bradshaw brought in some more bills for 
the Governor's assent. 

Adjourned to 20"' instant, Hora 9 A.M. 



[20'° May, 1697- 

Att a Council att philad. die Jovis, A. M. 20"" May, 1697, 
present: 

WM. MARKHAM, Esq'., Governo' Under Wm. Penn, &c., et ysdem 

ut antea, except peter Alrichs. 

Joseph Growdon, Chairman of y" Grand Comittee appointed to 
Consider of Andrew Hamilton's memorial for encouragm' to support 
y'' post ; And of y° repsentatives of Sussex County's petion for some 
defence ; And of y^ petion of Tho. Herris, about Clark of the mar- 
kett; made Report, That it was y' vote of y" sd Comittee that a bill 
be prepared for encouragment to Support y" post, both by y^ publick 
& upon private Letters. And it was also their opinion, that a watch 
bekeept upon Cape Henlopen in sumer time. To gi^>e notice of the 
appearing of anie enemie, att y" publick charge of y'' governm' & that 
the justices of y' Countie order the same, & what sign y'^ sd watch 
shall give. And that the Last years charge, amounting to about Six 
pounds, be allowed as a debt of y^ governm'; And y' Tho. Herris' 
petion was rejected. 

Ordered that Sam" Carpenter draw up a bill for encouragment & 
support of y"" post ofHce, & psent it to the House of Representatives. 

The petition of the Repsentatives for the Countie of Sussex being 
again read in Council, and the said Report, Ordered that the Justices 
of the sd Countie Cause a watch to be keept on Cape Henlopen in 
sumer time, to give notice of the appearing of anie Enemy, att the pub- 
lick Charge of the governm', & that the sd justices Order y"" same, & 
what sign the sd watch shall give, and that the Last year's charge, 
amounting to about Six pounds, be, & is hereby allowed as a debt of 
the governm'. 

Adjourned to 22^ May, 1697, p. m. 



492 MINUTES OF THE 

[22" May, 1697. 

Att a Council Held att Philadelphia die Sabbatti, 22" May, 1697. 
P. M. 

present: 
WM. MARKHAM, esq'., Governo' und' Wm. penn, &c., et ysdem ut 

antea, Except ut antea. 

The Governo" desired Jn° Hill & Jn° Curtis to acquaint the assem- 
blie that hee & Council do wait for them, who Returned that they 
wold forthwith attend him. 

The assemblie appearing, M' Speaker presented to the Governo'' 
and Council Sixteen bills which had past their house. The Governo' 
told ym that hee would Cause ym to be read & Considered. 

After Reading of all the sd bills by the Secrie, The Governo', with 
advice of the Council, rejected & voted outt eight of them. 

The other eight being three times read, wer by the Governo' and 
Council approved of 

The first entitled. The Law for ratifying & confirming of y^ acts & 
proceedings of y" Assembly in 1696. 

The Second entitled, The Law for the encouragment & Support of 
the post office. 

The third entitled. The Law for the Speedie Collecting the arrears 
of y" assessment Laid in 1696. 

The fourth entitled. The Law about Testats &; Intestats estates. 

The fifth entitled. The Law ag' Swine Running att Large in the 
Countie of Bucks. 

The Sixth entitled, The Law about married women having children 
in y' absence of y' Husbands. 

The seventh entitled. The Law against Swearing. 

The eight entitled, The Law for selling the Old Court house of 
Chester Countie ; All which wer by the Governo' and Council ap- 
proved of 

Then the Governo' desired Caleb pussey & Richard Halliwell, to 
acquaint the assemblie that hee M'aited for them forthwith. 

The assemblie appearing. The Governo' desired the Secrie to Read 
over all the said Bills; which hee did, and then underwrote each Bill 
in these words, viz: Philadelphia the 22'' day of May, 1697. This 
bill being three times read, was assented to by the Governo' and 
Council. And then the Governo' past ym all one after another, by 
affixing thereto His Hand, and Seal of the province. 

Adjourned to y" 24"" instant, Hora 9, A. M. 



[24"' May, 1697. 

Att a Council Held att Philadelphia die Lunm, A. M. 24'" Mar 
1697. 



PROVINCIAL COUNCIL. 49:. 

PRESENT ; 

WM. MARKHAM, esq'. Governo' und' Wm penn, &c. et ysdem ut 

aotea, except ut supra. 

Wm. Clark, Chairman of the grand Comittee of both Council «fc 
assembly, to whom the Consideraon of the petion of Several of the 
Inhabitants of the town & County of Chester Si others, to the Go- 
verno"' ii Council, for an Ord' for Building a bridge over Chester 
Creek, in or neer Chester Town : as also of another paper. Contain- 
ing several reasons offered ag' the said petion, & signed by severalls, 
was referred, made Report : That after Reading of both the sd petion 
& reasons ag' it, & several debates yrupon, It being by the sd Chair- 
man putt to the vote of y' sd grand Comittee, whether a Bridge should 
be built over the navigable part of Chester Creek, as is petitioned, It 
was Caried in the negative, nemine Contradicente. 

Adjourned to 2 in the afternoon. 



POST MERIDIEM. 

Att a Council Held at Philadelphia die Lunce, P. M. 24"" May, 
1697. 

PRESENT : 

WM. MARKHAM, Esq'. Governo' und' Wm. Penn, <kc. et ysdem ut 

supra, except ut antea. 

The Go' desired the Secrie to acquaint the House of Representa- 
tives, That Hee and the Council waited for ym ; Who returned that 
they wold attend him forthwith. 

M' Speaker & the whole house of Representatives appearing. The 
Governo' Caused the Secrie to read M' Blaithwait's Letter to him about 
the association to be taken in this province; as also, the act of par- 
liament. Entitled ; As also, a fair draught 
of the association, taken from that which M' Blaithwait sent him, & 
desired that the Representatives both for Council & assembly, would 
with him sign the same. And accordinglie, the Governo' & those 
members who wer free so to doe, signed the association in terminus, 
as also the Secrie ; And those whois principles &. reKgious persuasions 
would not allow them to sign the same in Terminus, presented to the 
Governo'a paper which they had drawn up, entitled; A declaraon of 
the people called Quaker's, repsentatives in Council & assemblie for 
y* province of Pennsilvania and territories thereunto belonging, mett 
att Philadelphia in the 3"^ mo. 1697", with respect of our Loyaltie to 
the king, & fidelitie to His Government, & in reference to the Late 
association. 

Then the Governo' askt both Council & Assemblie whether thev 
had prepared anie other bills for his assent, or whether they had anie 
other bussines at this time ; who answered no. 

42 



494 MINUTES OF THE 

Then the Governo' said : Gentl, I doe dissolve you, and yo-J arc- 
hereby dissolved. 

The End of the 5'" Sessions of Council & assembly. 



[g* Febrj, 1697-8. 

Att a Council Held att Philadelphia Die Mercury, 9* Febry, 
1697-8. 

present: 
WM. MARKHAM, Esq\, Governo' und' Wm. penn, &c. 
Sam" Carpenter, John Simcocke, Rich'' Halliwell, 

Edw"* Shippen, Caleb pussey, William Clark. 

Joseph growden, 

The Governo' exhibited to the Council a Lett" from the proprietor, 
directed for him, to be opened only &; read in a full Council ; Which 
being thought to be as full a Council as could be got in such a 
season of y" year. It was yrfor Resolved that the sd Lctf should be 
opened &> read, which was done. The contents qrof wer as follows, 
verbatim, viz: "London 5* 7 m., 1697. Friends, The accusaon? 
" of one sort, & the reports of another that are come for England 
" ag' yo"" governm', not only tend to o' ruin, but disgrace. That you 
" wink at Scotch trade & a Dutch one too. Receiving European goods 
" from the Latter, as well as suffering yo", ag' the Law & English 
" interest, to goe to the other; Also, that you do not onlie wink alt but 
" Imbrace pirats, Shipps & men. These are yd" accusaons, & otii- 
" Fra. Jones of Philadelphia has Complained of them to Go' Nichol- 
" son, becaus it was not redrest in the governm'. The Reports arc, 
•' & a nameless Letf is come to me besids from Philadelphia, to y" 
" same purpose, that there is no place more overrun with wicked- 
" nes. Sins so very Scandalous, openly Coraitted in defiance of Law 
"& Virtue; facts so foul, I am forbid by Comon modesty to Relate 
" ym. I do yrfore desire & charge you, the Gor & Council for the 
" time being, to issue forth some act or acts of state forthwith to sup- 
" press forbidden trade & piracy, & also the growth of vice & Loos- 
" ness, till some sevei-er Laws be made ag" ym : And I do hereby 
" charge that no Licence be granted to any to keep publick houses, 
" that do not give great securitie to keep Civil houses, & are not 
" known to be of a sober Conversaon, & that the Courts of Justice 
"in each County have the approbnon, if not Licensing of ym, In 
"order to prevent such acts of the Lewdness & Idleness as are too 
" often seen in such places ; And that you take Care that Justice be 



PROVINCIAL COUNCIL. * 495 

• Impartially done upon transgressors, that the wrath & vengeance 
- of God fall not upon you to blast yo' so very flourishing beginning. 
•• 1 hasten to you as fast as y" Complaints here ag' vou will give me 
-' leave, that make my presence now but too necessary. Let neither 
*' base gain nor a byast affection mak you partial in these Cases, but 
" for my sake, yo"" own sakes, and above all for God's sake, Let not 
" the poor province. Longer suffer under such grievous & offensive 
•' Imputaons ; and will oblige him that loves you, prays for you, & 
" prays to be with you, & is with true Love yor real friend & affec- 
■' tionate proprietary. ' \YM. PENN." 

The Contents whereof, ds the Complaints yrin mentioned being 
strictlie inquired into. The Go' did appoint Sam" Carpenter, Joseph 
Growdqn&; Wm. Clarke, a Comittee of Council further to peruse the 
sd Letter, &, To inquire into tJie sd Complaints, & to make report 
yrof to the Go"" & Council next day, by way ofans' to y° sd Letter. 

Adjourned to lO* instant. 



10'" Febry, 1697-8. ^ 

Att a Council Held at philad die Jovis, lO"" Febry, 1697-8. 
WM. MARKHAM, Esq'., Governo' et ysdem ut antea. 

Joseph Growdon, Chairman of the Comittee appointed further to 
peruse the sd Letter, & strictlie to inquire into y'' Complaints yrin 
mentioned, & to report the same to the Go' &; Council by way of 
ans' to the said Letter, this day Exhiliited to the Go' and Council 
their report in writting, viz: The Comittee having perused & tho- 
roughly Considered the proprietor's Letter, Charging the Governor & 
Council to suppress forbidden trade & piracie ; & also the growth of 
vice & Loossness, &c. within this governm', doe Humblie make this 
Report unto the Governo' and Council. 

First. As to the Scotch & dutch trade, wee are not privic yrto 
nor any of us Concerned therein, but if any such trade has been & 
escap't unpuneshet. It may rather be attributed to the Connivance 
or neglect of those officers appointed by Edward Randolph to inspect 
those things, or others particularly appointed in that behalf; for wee 
can say, that the magistrals <k; Courts of Justice have been ready 6:^ 
diligent upon all occasions to punish, suppress & discourage all ille- 
gal trade that came to their knowledge. 

Secondly. As to Imbracing of pirats, &c. Wee know of none 
that has been entertained here, unless Chinton <fe Lassell, with some 
others of Avery's Crew, that happened for a smal time to sojourn in 
this place, as they did in some of the nighbouring governments ; but 
as soon as the magistrats in Philadelphia had received but a Copie of 
the Lords Justice's proclamation, gott all that were here apprehended, 
& would have taken the Care & Charge of securing ym, untill a Legal 
Court had been erected for their trial, or an opportunity had presented 
to send ym for England ; but before that Could be effected, they broke 



496 MINUTES OF THE 

goale &■ made their escape to New york, where Hues 8c Crys wer 
sent after ym. And as to pirats' shipps, wee know of none Har- 
boured or ever came in here, much Less encouraged by the Go' or 
people, who as it is well known, are generally sober & industrious, 
& never advanced y' estates by forbidden trade, piracie, or other ill 
Ways, notwtstanding what is suggested by o' enemies to the contrary. 

As to the growth of vice, Wee cannot but owne as this place hath 
growne more populous, & the people increased, Loossnes &, vice Hath 
also Crcept in, which wee lament, altho' endeavours have been used 
To suppress it by the care &. industry of the magistrals from time to 
time, offenders Having received deserved &, exemplar}' punishments, 
according to Law. 

As to Ordinaries, Wee are of opinion that there are too many in 
this governm', especiallie in Philadelphia, wch is one great cause 
of the growth of vice, &, makes the same more difficult to be supprcst 
& kecpt under. 

On the whole. Wee being at all times Heartily inclined to show o' 
Loyaltie to the king, &. readie obedience unto His Laws, do think it 
necessarie, &■ do yrfore make o' request to the Gc/ &. Council, that 
an Ordinance be made, & a proclamaon do forthwith Issue from the 
Governo' &. Council, strictly to suppress forbidden trade & pirats, if 
any shall Happen ; and also, the growth of vice &. Loossnes within 
this govern m', until some wholsome &. severer Laws be made for a 
more effectuall remedy, and the ordinaries or Houses of entertainment 
be reduced to a Less number, fie that all such as have not alreadie 
given good securitie for keeping good orders, and discharging the 
place according to Law, be spedilie required so to do, or otherwise to 
be suppressed, & for the future that the Justices in the Quarter Ses- 
sions in each Countie may have the approbaon, if not the Licensing 
Ordinarle keepers throughout the government. 

The which report being read in Council, It was put to the vote by 
the Go', Whether they approved yrof, & whether they esteemed it to 
be a pi'oper ans' to the sd Lett^ It was Caried in the affirmative, 
N.C. 

Then the Go' did Resolve the whole members of Council Into a 
grand Comittec, to draw up a proclamaon to suppi-tess forbidden trade 
& unlaw" piracie, the growth of vice & Loossness, & to regulate 6:, 
reduce the ordinaries, untiU severer Laws can be made ag' such enor- 
mities, & to bring in their report & a draught of a proclamaon to the 
Go' «Sz, Council the 12"" instant. 

Adjourned to 12*^ February, 1698. 



[12"> February, 1697-8. 

Att a Council Held att Philadelphia die Sabbatti, 12* Febry, 
1697-8. 



PROVINCIAL COUNCIL. 497 



WM. MARKHAM, esq^ Go', et ysdem ut antea, except Richard 
Halliwell. 




By the Governo'' d; Council of the province of Pennsylvania & 
Counties annexed : A proclamaon. 

Whereas, o'' proprietary Hath Latelie given us to understand of 
sundry accusaons or Complaints ag' this governm', for Conniving att 
illegal trade & Harbouring of pirats ; as also, of the reports that are 
come for England about the growth of vice & Loossness here: As 
to the former, its evident that they are the effects of the envv & emu- 
lation of those who by such unfair & indirect means wold accom- 
plish their designs ag' this governm', for that wee are satisfied the 
generality of the people, merts, & Traders of this province & terri- 
tories, are innocent & clear of those imputations ; And this Countrie 
being so posited, Philadelphia is become the rode where sailors <Si, 
others do frequentlie pass & repass between Virginia & New Eng- 
land, that it cannot be avoided but the bad as well as y" good will be 
entertained in such an intercourse ; and since Comon charity obliges 
us not to presume any persons guilty (especiallie of such great enor- 
mities) till by some legal probabilitie they appear so to be, and tho' 
wee find that the magistrats & people in general are & have been 
ready, & perhapps more active & Conscientious, to serve y* king ik; 
his officers ag' all unlaw" trade & piracy, when any such ofTences have 
by any means come to their knowledge, than anie of those nighbour- 
ing Colonies who have been so Querimonious ag' us in that behalf; 
yot wee can do no less than psuant to our pvoprietarie's Comands to 
put all in mind of their rexive dutys, that ther may be no just cause 
for such Complaints. And as concerning vice, Wee also find that 
the magistrats have been carefull & diligent to suppress it, but their 
endeavours have proved sometimes Ineffectual yrin, by reason that 
the ordinaries or drinking houses, especiallie in Philadelphia, grew too 
numerous, d:. the keepers y''of disorderlie & regardless of the tenor & 
obligaons of y' Licenses, whereby they prove ungrateful to the Go- 
verno'', and a reproach to the governm'. Therfore, these are strictlie 
to Charge & comand all magistrats &. officers whatsoever wtin this 
province and territories, as they regard the bono' of God & their alle- 
giance to the king, faithfully to put in execuon all the acts or Laws of 
trade & navigaon ; And also, all the Laws & statutes extant ag' piracy, 
when ever there be any such occasion, & to use their utmost diligence 
<fe care in preventing, suppressing & punishing all vice, disorders 6c 
Looss living, whersoever & in whomsoever it shall appear. And 
Hiat end it is by the Governo' &; Council ordained, that from & after 

42* 



498 MINUTES OF THE 

the first day of March next, The Justices of y' peace of each countie 
in this province and territories, at their rexive General or private ses- 
sions, may nominate & pitch upon such & so many ordinarie keepers 
or Inn holders within their rexive Counties, as they shall be well 
assured will keep good orders 6i discourage vice ; And the Governo' 
is pleased to condescend that hee will Licence those so approved of 
by the Justices, & will permitt no other to keep taverns, Inns or 
drinking houses within this governm', but such as shall be so reco- 
mended from time to time. And wee further strictlic charge 6z 
Comand all psons withia this governm', as they will answer the con- 
trary at their peril, that they give due assistance to the magistrats & 
officers aforesaid, in putting the sd Laws in execuon, & suppressing 
vice, that the wrath of God & the king's displeasure may not be 
drawn upon this poor country. Dated att Philadelphia, this 12"' day 

of the 12"^ mo., 1697-8, in »he year of the reign of Wm. the 

S"" of England, king. 

WherupoD, It was ordered By the Governo' & Council, that the 
Secry should forthv/ith write six of ym, one for each Countie, & 
should subscribe the same as Secry, by order of the Governo' & 
Council, & transmitt one of ym tu each Countie, directed to the jus- 
tices yrof, & that they should forthwith publish y^ same in their 
rexive Counties, & then put ym up in the most publick place thereof 
rexivelie, that all persons Concerned might take notice yrof. 

Upon reading the petion of Wm. Southbee & other Inhabitants o^ 
Philadelphia, to the Governo' & Council, Requesting ym to place 
officers of good repute & Christian conversation, & to cause tables 
of all officers fees to be Hung up in their offices, &; that they wold 
reduce the number of ordinaries & better regulate ym, & to cause 
the Laws of the province to be put in execution, & Cause stock & 
cage be provided, & to suppress the noise & drunkennes of Indians, 
especially in the night, and Cause the Cryer go to the extent of each 
street when hee has any thing to Cry, and to put a check to Horse 
racing. The said petion was by the Governo' & Council referred to 
the Justices of y*" peace for y" Countie of Philadelphia, for a speedie 
<5c effectual remedy of y" abuses yrin complained of. 

Upon Reading the petion of Edward Shippen, Anthony Morris 
Charles Sober, John Farmer, James fibx & Sam" Richardson, justi- 
ces of y° peace for the sd Countie, ag' Jn° Claypoole, who is & is 
Like to be incapable to serve y' Countie cither as Clark or Sheriff, 
by reason of his Lameness and misbehaveour, &c., and yrfor desir- 
ing the Go'' to permitt ym to pitch on some others to serve as Clerk 
and Sheriff for y" Go"^ approbaon, who may be better able & more 
reputable to discharge those places. 

The Governo' bid ym recomend a Clerk As hee wold Comissionate 
him, & a person to serve as sheriff during Jn" Claypoole's illness, & 
y' hee wold Comissionate him ; & said Hee wold give the Justices 
an ord' to Cause Jn" Claypoole deliver to ym the books of records & 
papers relating yrto, The Justices being willing to take the pains to 
make up the records of Court. 



PROVINCIAL COUNCIL. 499 

Upon Reading the petion of peter Clauson, Cooper, Setting forth, 
that hee had been Long since apprehended, &l liis goods seized, upon 
Suspilion of piracy, and that his occasions call him hence for Europe, 
&; that in regard no proceedure is made agt him, Hee prays the Li- 
bertie to depart the governm', & that his goods may be redelivered. 
Ordered, That the examinaon of John Matties, in relaon to the peti- 
tioner's being taken out of a deans vessel by Capt. Avery, be further 
inspected, &. a further Consideraon of y' petitioner's case referred to 
the next sitting of Council. 

Petition. — Upon reading the petion of Sam" Carpenter, Edward 
Shippen, Anthony Morris, James ffox & david Lloyd, William South- 
bee &. John Jones, in these words, viz: To the Governo"' & Council 
of the province of pennsilvania & territories yrof, sitting att Phila- 
delphia, the tenth day of the 12"' mo.. Anno domi, 1697-8. The 
Humble petion of Sam" Carpenter, Edward Shippen, Anthony Morris, 
James ffo.x, david Lloyd, William Southbee & John Jones, in the be- 
half of themselves & the rest of the people called Quakers, who are 
members of the monethly meetting, holden & keept att the new meet- 
ing house, lately built upon a piece of ground fronting the High-street, 
in Philadelphia aforesaid, obtained of the present Governo"' by the said 
people, Sheweth : That it hath been & is much desired by MANY, 
That a School be set up & upheld in this town of Philadelphia, where 
poor children may be freely maintained, taught & educated in good 
Literature, untill they are fit to be put out apprentices, or Capable to 
be masters or ushers in the said school. 

And for as much as by the Laws & Constituons of this governm', 
It is provided & enacted That the Governo" and Council shall erect 
& order all publick schooles, 6s encourage & reward the authors of 
usefuU sciences & Laudable inventions, in the said province and 
Territories, Therefore, may it please the Governo'' & Council, to 
ordain and establish that at the said town of Philadelphia a publick 
schoole may be founded, where all children and sevants, male & 
female, whois parents, guardians & masters be willing to subject ym 
to the rules & orders of the said schoole, shall from time to time, 
with the approbaon of the overseers thereof for the time being, be 
received or admitted, taught and Instructed; The rich at reasonable 
rates, and the poor to be maintained & schooled for nothing. And 
to that end a meet & convenient house or Houses, buildings & rooms, 
m.ay be erected for the keeping of the said schoole, & for the enter- 
tainment & abode of such & so many masters, ushers, mistrisses, 
<fc poor children, as by the order & direction of the said monethly 
meeting shall be Limited & appointed from time to time. And also, 
that the members of the aforesaid meetting for the time being, may, 
at y'' respective monethly meetings, from time to time make choice 
of & admitt such and so manie persons as they shall think fit, to be 
overseers, masters, ushers, mistrisses & poor children of y* sd 
school, and the same persons, or anie of ym, to remove and displace, 
as often as the said meeting shall see occasion. And that the over- 
seers and schoole aforesaid, may for ever stand & be established & 
founded in name & in deed, a Body politick and Corporate, To Have 



500 MINUTES OF THE 

Continuance for ever, by the name of The Overseers of the publick 
sohoole founded in Philadelphia, at y° request, costs & charges of the 
people of God called Quakers. And that they, the said overseers, 
may have perpetual succession, and by that name they & their Suc- 
cessors may forever have, hold & enjoy, all the Lands, Tenements 
& chattells, & receive & take all gifts & Legacies, as shall be given, 
gr^mted or devised for the use & maintainance of y' said School & 
poor schoUars, without any farther or other License or authoritie 
from this governm' in that behalf; Saving unto the Chief proprietor 
His Quitrents out of y^ sd Lands. And that the said Overseers, by 
the same name, shall & may, with Consent of the said meetting, 
have power & capacitie to demise & grant, by writting, under their 
hands & Comon seal, any of the sd Lands & tenements, & to take 
6i purchass any other Lands, tenements or Hereditaments, for the 
best use & advantage of the said schoole. And to prescribe such 
Rules and ordinances for the good order &, governm' of the same 
schoole, & of the masters, ushers, mistrisses, and poor children suc- 
cessively, & for their & every of their stipends & allowances, as to 
the members of the said monethly meetting for the time being, or the 
major part of ym, shall seem meet ; with power also to sue and be 
sued, & to do, perform & execute all & every other Lawfull act & 
thing, good and profitable for the said schoole, in as full & ample 
manner as any other body politick or Corporate, more perfectly 
founded and Incorporated, may doe. 

The Governo'' and Council doe grant this petition as is desired. 

Commission to Fran. Nicholson, To appoint Judges, Registers, 
Marshalls & advocats for the Court of Admiralty of pennsilvania 
upon vacancie, &c. 26 June, 1697. 

WILLIAM THE THIRD, by the grace of God, king of England, 
Scotland, France & Ireland, defend' of the faith, &c. To our well 
beloved Francis Nicholson, esq', our present Governo' of Mary 
Land in America, & to the Go' of Maryland for the time being, 
Greeting : Whereas, wee think it necessario that for the preventing 
a failure of Justice, as well in the rexive Courts of admiraltie in the 
provinces und' our Imediate authoritie in the west Indies, as in the 
several proprieties Contained in the Comissions to the Governors of 
the sd provinces, for want of proper officers to manage those matters 
upon any present vacancy, or the death or Legal disabilitie of those 
who are in present possession of those emplo3^ments, 
Locus Si-"^ The said Governors should in such case be impovvered 
gilli Ad- I to appoint Judges, Registers, marshalls & advocates, 
miralitatis [ not onlie in the sd admiralty Courts of tlieir owne 
Anglise. J governmts, but also in those of the proprieties which 
are nearest to the same. And wee being desirous that 
Justice should be duly administrcd in all the provinces and places und' 
our Imediate authoritie in the west Indies, &, also in the several pro- 
prieties Contained in the Comissions to the Governors of the said 
provinces, and by these o' Letters patents & Comission, particularlie 
to provide for o' Courts of admiraltie of Maryland, pennsilvania & 



PROVINCIAL COUNCIL. 501 

west Jersey, have thought fitt to Impower, & do by these psents 
Comitt & grant unto you, o' present Governo' of Maryland, & to our 
Governor of Maryland for the time being, full power and authoritie to 
appoint Judges, Registers, marshalls & advocates for o' admiralty 
Courts of Maryland, pennsilvania & west Jersey, upon any present 
vacancie of anie of these offices, or when there shall happen any, 
either by the death o' Legal disabilitie of those who are or shall be 
in the possession of the same. And wee do Hereby Require you o' 
present Governo'' of Maryland, & o' Governor of Maryland for 
the time being, to transmit! as soon as possibly you can, to o'' Lord 
High Admiral of England, or to o"" Comrs for executing the office 
of Lord High Admiral of England for the time being, the names of 
the respective persons which you shall at any time appoint to the 
offices before mentioned, in the sd admiralty Courts, in ord' to their 
being approved or disallowed of: In wittness wherof, wee have 
Caused the great seal of o' High Court of Admiraltie of England to 
be hereunto affixed. Given at London, in o' sd Court, the six & 
twentieth day of June, in the year of o' Lord one thousand six Hun- 
dred ninty-seven, & in the ninth year of o'' reign. 

ORLANDO GEE, regr. 
The great seal of the High Court of admiralty of England is 
sub-pended. [Locus Sigilli.] 



Cx)mmission to Mathew Birch, to be Collector of y° Customs att 

New-castle. 
To all people to whom these presents shall Come, Wee the Comis- 
sioners for managing & causing to be Levied & collected his Maties 
Customs &, other duties in this kingdom of England, send Greeting : 
Know yee, that wee, y' sd comrs, have, by virtue of an act of par- 
liam" made in the five & Twentieth year of the reign of king 
CHARLES THE SECOND, entitled, an act for encouragment of 
the eastland & Greenland trades, &; for better securing the plantaon 
Trade, and in pursuance of the authoritie and direction to us given by 
the right honble The Lords Comrs of His Maties Treasurie, have 
deputed &; Impowred, & do hereby depute & Impower Mathew 
Birch, esq', to be Collector of all the rates, duties & Imposions 
arising & growing due to his Matie att Newcastle in pennsilvania, by 
virtue of fhe saicfaet. Whereby Hee Hath power to enter into anie 
ship, bottom, boat, or other vessel ; as also into any Shop, House, 
warehouse. Hosiery or other place whatsoever, to make diligent 
search Into any Trunk, pack, Casse, Truss, or anie other parcel or 
package whatsoever, for any goods, wares or merchandizes prohi- 
bited to be imported or exported, or whereof the Cus- 
Locus ■] toms or other duties have not been duly paid, and the 
Sigilli I same to seize to his Matjcs use ; as also to putt in 
Cus°tum.J execuon all other Lawful powers & authorities for the 
better managing or collecting the sd duties, In all things 
proceeding as the Law directs ; Hereby praying & requiring all &. 



502 MINUTES OF THE 

every his maties officers & ministers, &, all others whom it may- 
Concern, to be aiding & assisting to him in all things as becometh. 
Given und' our Hands and seal, at the Custom-House, London, this 
Twenty-first day of November, in the eight year of the reign of o' 
Soveraign Lord WILLIAM THE THIRD, annoque domi, 1696. 
Robt. Clayton, Robert Southwell, Walter Yonge, Sam. Clark, Ja. 
Chadmesh. Indorsed thus: — province of pennsilvania, 21" March, 
1697-8. The within Mathew Birch, esq^, did upon the day above 
written. Swear on the Holy Evangells of Almighty God, that he 
wold diligentlie & faithfullie execute the within Comission,. in pre- 
sence of mee. 

WM. MARKHAM, Governo'. 
Recorded 29'" March, 1698. 



Commission to John Bewley, To be Collector of the Customs att 
To all people to whom these presents shall come, Wee the Comrs 
for managing &; causing to be Levied &; collected his maties Customs 
& other duties in this kingdom of England, sends Greeting : know 
yee, that wee, the sd comrs, have by virtue of an act 
Locus "1 of parliam' made in the five & Twentieth year of the 
SigiUi j. reign of king CHARLES THE SECOND, entitled, an 
Custum. J act for encouragment of the eastland and greenland 
trades, and for better securing the plantation trade, «fe 
in pursuance of the authoritie &> direction to us given by the Right 
Honble the Lords Comrs of his maties Treasury, Have deputed and 
Impowred, &; do hereby depute & Impower John Bewley, esq^, to be 
Collector of all the rates, duties and Impositions arising and growing 
due to his matie att Philadelphia, in Pennsilvania, by virtue of the 
said act. Whereby hee Hath power to enter Into anio ship, bottom, 
boat or other vessel, as also into any shop, house, warehouse, hostery , 
or other place whatsoever. To make diligent search into any trunk, 
pack, Casse, truss, or any other parcel or package whatsoever, for 
any goods, wares or merchandizes prohibited to be imported or export- 
ed, or whereof the Customs or other duties have not been duly paid, 
& the same to seize to his maties use ; as also to putt in execution all 
other Lawful! powers & authorities for the better managing or 
collecting the said duties ; In all things proceeding as the Law 
directs. Hereby praying & Requiring all & cverie his Maties 
officer & ministers, & all others whom it may concern, to be aiding 
& asssisting to him in all things as becometh. Given und' o"" Hands 
& Seal, at the Custom FIousc, London, this twenty-first day of 
November, in the eight year of the reign of o'' Sovereign Lord, 
WM. THE THIRD, Annoq domi, 1696, Robt. Clayton, Robert 
Southwell, Walter Yonge, Sam. Clark, Ja. Chadmesh. Indorsed 
thus: — province of pennsilvania, 21st March, 1697-8. The within 
John Bewley, esq'., did, upon the day above writtin, swear on the 



PROVINCIAL COUNCIL. 603 

. Holy Evangells of almighty God, that hoc wold diligcntlie & 
faithfully execute thewithia Comission, In presence of mee. 

WM. MARKHAM, Governo'. 
Recorded 29'" March, 1698. 



Commission to Mathew Birch, To be Surveyor &l Searcher of ihe 
Customs in pennsilvania. 
Edward Randolph, esq'.. Survey o' General of His maties Customs 
on the Continent of America, 6c Islands adjacent. To Mathew Birch, 
esq'. By virtue of a deputaon granted me by the Honblc theComrs 
of his Maties Customs in London, bearing date the 18"' day of 
October, 1691, & in pursuance Likewise of additional articles of 
instructions from y' Honors, dated att the custom hous in London y" 

'2.2'^ of 7br, 1697, directing mee, amongst other things, 
Locus "I that in Case of any vacancie by y" death, or want of 
Sigilli I* any of the officers of y" Customs, or otherwise, To 
sr. gul.J appoint some fit and able person to serve yrin ; And 

finding no Surveyor &, searcher in the province of penn- 
silvania &; Counties annext, I do hereby depute & Impower you, the 
sd Mathew Birch, to be Surveyo' and searcher of his maties Cus- 
toms, in the sd province of pennsilvania & Counties annexed, witli 
all the rivers, bays. Creeks & Harbours yrunto belonging, With 
power to enter any shipp, bottom, boat, or other vessel, as also into any 
Shop, house, warehouse, Hostery or otherwise, whatsoever, to make 
diligent search Into any trunk, chest, Cassc, truss, or anie other 
parcel or package whatsoever, To make diligent search for any 
goods, wares or merchandizes prohibited to be imported or exported, 
qrof the Customs & duties have not been duly paid, and the same to 
seize for His Maties use ; & also to putt in execuon all other La^v^' 
powers &. authorities for the better managing & causing to be Col- 
lected the said duties, in all things as y'' Law directs, following & 
observing all such Rules & instructions as you shall from time to 
time receive from y" Comrs of His Maties Customs in England, or 
from the Comrs of His Maties Customs for the time being. Given 
und' my hand & seal of office, att y° port of Philadelphia, the 
25"' day of March, Annoque domi, 1698, & in the Tenth year of 
the reign of o' Soveraign Lord king WILLIAM Y= THIRD of 
England, &c. 

EDWD. RANDOLPH, Surveyo' Genr". 
Recorded 29"^ March, 1698. 



[19* May, 1698. 

Att a Council Held att Philadelphia, die Jovis, 19"" May, 1698. 



504 MINUTES OF THE 

PRESENT : 

WM. MARKHAM, esq\ Lievt. Governo'. 

Sam" Carpenter, Wm Biles, Wm Rodeney, 

Edwd Shippen, David Lloyd, Wm Clarke. 

Joseph Growdon, Jn° Simcocke, 

Upon Reading y' petion of peter gronendyke, for a rehearing of a 
triall hee had in the year 1690-1, wherein hee was Convicted of 
perjury. The same was rejected. 

Upon Reading the petion of Nicholas Skull & others. Requesting 
that there may be an allowed rode from the Lime-kilns, for carting 
of Lime to Philadelphia, extending from the sd Lime kilns Into 
plimouth rode, neer Cressoon, where there is neither Improved Land, 
Hill nor wafer to impede, 

Ordered that Wm Harmer, Jn" fisher, Daniel Howell, Edward 
Burch, Thomas Rutter and Nicholas Skull, do soe Lay out the said 
rode, The nearest dz; most Convenient that may be, & to the Least 
prejudice of the Improvts of y° nighbourhood, and to make return 
yrof in a protracted figure & words, into y" Secries office. In order 
to & as a final Confirmaon yrof. 

Upon Reading the petion of Ann Baynton, Setting forth that her 
husband, peter Baynton, Late of Chester Countie, some years ago 
removed himself & most of his estate to England, 6i left her desti- 
tute of a Competent means of Lively hood, promising in som.e short 
time to return, & that hee has Latelie sent over a Letter to her that 
hee has taken another wife there, & never intends to return hither, 
nor take anie care for her subsistence, & that hee will draw the 
remaining effects over to England, & Leave her wholie destitute of 
means of Living, And yrfor Requesting the Governo'' &, Council to 
grant her an ord' to take & possess all that is Left or can be found, 
of her sd husband's estate within this govrnm', towards her necessa- 
rie Support & alim' as to Justice &. equitie does appertain. 

Ordered that it shall & may be Lawfull for the said Ann Baynton 
to take into her hands & possession all that is Left or can be found of 
her sd husband's proper estate wtin this governnV, towards her 
support and aliment, as is desired ; and it's further ordered, that all 
& every person & persons whatsoever, wtin this province & Territo- 
ries, having any of the sd peter Bajnton's estate, real or psonal, in 
their hands or possession, as attorney or otherwise, shall upon sight 
hereof, deliver the same to the said Ann Baynton, towards her sd 
support & aliment, whois receit shall be their sufficient discharge 
from the sd peter Baynton, his heirs, exers, admrs or assigns, and 
shall be accordingly deemed & taken in all Courts & before all ma- 
"istrates within this government. 

Upon reading the petion of George Claypoole, setting forth that 
being one of the younger children of James Claypoole, deced, & who 
by his last will & Testamt give to such of his children as is yrin 
menoned, all his front Lott of Land, w' y" Improvments yrof, to ym 



PROVINCIAL COUNCIL 505 

<k yr heirs forpver, and y' yor petitionr having proposed divers ways 
for a division yrof, but all to no purpose, and yrfor Requesting th» 
Gk>' &. Council to order y'^ sd division, 

Resolved that the sd division be made by the ordinary, according 
to y' Laws of this province, &c. 



Comisslon. William Massey, to be Collector of the Customs att 
Lewis, in pennsilvania. 
To all people to whom these presents shall come, Wee the 
Comissioners for managing & causing to be Levyed «fe collected His 
mattes Customs, subsidies and other duties in this his kingdom of 
England, send greeting: Know yee, that wee, the sd Com" liave by 
virtue of an act of parliam' made in the five & Twentieth vear of 
the reign of king CHARLES THE SECOND, intitled an 'act for 
encourgment of the eastland and greenland trades, & fur better 
securing the plantaon trade, and in pursuance of the authority and 
direction to us given by the right Honble the Lords t'onirs of his 
matjes treasury, deputed and Impowered, and do hereby 
Locus 1 depute and Impower WILLIAM MASSEY, esq'., to be 
Sigilli t Collector of all the rates, duties & impositions arising & 
Cust. J growing due to his matie at Lewis, in pennsilvania, by 
virtue of the said act, wherby hee hath power to enter 
into any Ship, bottom, boat, or other vessel, as also into any Shop, 
house, warehouse, hostery or other place whatsoever, to make dili- 
gent search into any trunck, chest, pack, Casse, truss or any other 
parcel or package whatsoever, for any goods, wares, merchandizes, 
prohibited to 'be imported or exported, or whereof the Cus'.oms or 
other duties have not been duly paid, & the same to seize to his 
maties use ; as also to put in execuon all other the Lawful powers 
& authorities for the better managing and Collecting the sd duties, in 
all things proceeding as the Law directs ; Hereby praying and Re- 
quiring all & every his Maties officers & ministers, and all others 
whom it may concern, to be aiding and assisting to him in all things 
as bccometh. Given under Our hands and seal, at the Custom house 
London, the Twenty-first day of Novcmb', in the eicjht year of the 
reign of our Soveraign Lord, king WILLIAM THE THIRD, An- 
noque domi, 1696, so Subt. Robert Southwell, Godolpliin, ^Valter 
Yonge, Sam. Clark, Ben. Overtoa. Recorded 1" July, 1698. 



Edward Randolph, esq', Surveyo' General of his maties Cnsfoms 
in the plantaons & Colonies on the Continent of America, and Islands 
adjacent. To Captain John Jewell. By virtue of a deputaon granted 
me by the Honble y' Comrs. of his maties Customs in London, bear- 
ing date y' IS"" day of Octo', 1691, & in psuance Likewise of addi- 
tjoaal articles of Instructions from their Hon", dated at the custom 

43 



506 MINUTES OF THE 

house ia London, y' 22'' day of Sepf , 1697, directing mee amongst 
other things, that in case of any vacancy by the death of any officer 
of the Customs or otherwise, to appoint some fit &. able person to 
serve yrin, giving notice yrof for their Hon" directions yrin, and 
finding a present want of an officer in the province of pennsilvania, 
in America, I do constitute & appoint you, the sd Jno. JewelJ, to bp 
Surveyor and Searcher of his maties customs in the province of Penn^ 
silvania & Counties annexed, & all the rivers, creeks & bays yrunto 
belonging. With power to enter into any Ship, bottom, boat, or other 
vessel, as also Into any Shop, ware-house, hostery, or other place 
whatsoever, to make diligent search into any trunk, chest, pack, Case, 
truss, or any parcel or package whatsoever, for any goods, wares or 
merdizes prohibited to be Imported or exported, qrof the Customs & 
duties have not been duly paid, and the same to seize for his maties 
use; and also to put in execuon all Lawful powers and authorities 
for the better managing and Collecting the said duties in all things 
as the Law directs, following and observing all rules and Instructions 
as you shall from time to time receive from the Cornrs of his Maties 
Customs for the time being. Given und' my hand & seal of office, 
att the port of Philadelphia, this 15* day of April, in the tenth year 
of his maties reign, annoq dui, 1698. 

E" RANDOLPH, Surv' genr". 



I, Nicholas Hayward, Notary & Tabellion publick, dwelling in 
London, admitted & sworn, do Certifie & attest unto all whom it may 
concern, that I have seen and perused certain Letters patents of deni- 
zation, granted by our Soveraign Lord and Lady king William & 
Queen Maiy, under the broad seal of England, dated the 15"" of 
April, in the fifth year of their sd maties reign, wherein among others, 
are inserted the names of francis Bassett, Mary Magdalen his wife, 
Susanna Magdalen & Susannah, their daughters, who though born 
beyond seas, are made their majesties Leige subjects, and to be held, 
reputed and taken as subjects born in this kingdom of England ; & 
may as such purchase, buy, sell, and dispose of Lands, tenements and 
Hereditaments, in this kingdom or any other of their majesties do- 
minions, as freely, peaceably & entirely as anie subject born in this 
kingdom ; and that the sd francis Bassett, Marie Magdalen his wife, 
Susanna Magdalen and Susannah, their daughters, by virtue of the 
.said Letters patents, are to enjoy all Liberties, priviledges and fran- 
chises of subjects born in this kingdom, without any disturbance, 
Impediment, or molestaon as by the said patent, relaon being there- 
unto had, may more at Large appear, of all which act being required 
of nice, the sd notar)-, 1 have granted those presents to serve & avail 
the said francis Bassett, Mary Magdalen his wife, Susanna Majjdalen & 
Susannah, their daughters, y'' time & place convenient, y° 2.'i"' of April, 
1 693, & in the 5"' year of y' matjes reign. In Testimonium veritatis 
Signo nieo manuali Solito Signari, ct Tabellionatus mei Sigillum appo- 
sui, Roga tus : Nich" Hayward, Nota. pub. Locus Sigilli, Entered in th& 
Clark's office of the Citie of New york, in the book of deeds N° 18, pag.- 



PROVINCIAL COUNCIL. 507 

257, y' 23"^ day of Sept', 1693, p. Will. Sharp as Ck. Indorsed thus : 
personallie appeared before mee, the within named franeis Basset, who 
made oath upon the Holy Evangells of Almighty God, that hee is 
the verie selfsame individual person mentioned in & intended by the 
within mentioned Letters patents, & no other, So Subt. 

VVM. MARKHAM, Locus Sigilli in marline. 
Record 3' August, 1698. 



[3'i Sepf, 1698. 

Att a Council Held att Philadelphia die Sabbathi, y' 3'^ September, 
1698. 

PRESENT : 

WM. MARKHAM, Esq', Leivt. Governou'. 
Sam" Carpenter, Jn° Simcoke, Wm. Biles, 

Edw"" Shippen, Joseph Growdon, Wm. Clark. 

David Loyd, 

The Lt. Go' acquainted the Council y' hee had received a Lrefrom 
y' Justices of the peace of Sussex County, & desired y'Secric to read 
it, which hee did, viz : may it please yo' Hono', This to o' Sorrows, 
but according to our duties, is to inform. That on friday Last, in the 
afternoon, a smal snug-Ship & a Sloop came too wtin our Cape, not 
wholly undescried, but little dreaded of being an enemy or trench, 
both which they proved, & yesterdhy morning Landed about 50 men, 
well armed, & came up y' town & plundered almost every house yrin, 
Comitting great spoil, breaking open doors & Chests, and taking 
away all money or plate to be found, as also, all manner of goods & 
merdizes worth any thing, together with ruggs, blanketting, & all 
other bedd Covering, Leaving scarce any thing in y'' place to Cover 
or wear. They brought two English prisoners on shore wt ym bound, 
one of ym known to be Jn° Reedwood, of Philadelphia, His Boy, with 
whom they wold Sufferr no Converse, but wee suppose y" sd sloop to 
be said Redwood's, taken Coming out Cinnepuxon Inlett ; They all 
went on board Last night; killed several Sheep & Hogs. They Con- 
tinue still att anchor in yr birth, as neer in the bay opposite to this 
towne as they well can find water to ride in, & it's doubted they will 
be on shore again before night for more Cattle, if not to burn y' 
houses ; but wee shall endcavo' to Scare ym. They Ly ready for all 
mischief inwards or outwards by Land or water, and Have pilots any 
vv»ay. They are now in Chasse Inwards of a Briganteen with their 
sd sloop. The briganteen outsails ym, & wee Hope in God will 
escape. They are begarly Rogues, and will pillage for a trifle, and 
do think they may tarry Long enough untill y" man of warr att York 
may have Speedy notice. They took about eleven of y*" Chief of o' 
town prisoners, & when they had madeym help on board their plund', 
dismist all except one man. Cap'. Watson's Carpenter. This place 
is very open for danger, & verie naked for defence. M' Clark's House 



503 MINUTES OF THE 

A goods Hath Sufficiently shared in y* villany. Wee hope wee need 
not repeat y° Calamities afbresd, nor y' great terror y' must needs 
here attend all Sexes & Sizes; all which is Submitted to )o' Hono" 
most Serious Consideraon, By Sir, yo' Humble Servants. — Luke 
Watson, John Hill, Tho. Oldman, Jonat Baily. 

Therafter the Lt. Go' sent for Tho. Simkins, mariner, who ap- 
peared, & aged fourty years, made oath y' y* name of y° vessel y'took 
him hec knows not, but y' it was a pirate named Canoot, on board Jn" 
Hedwood's sloop, <k. y'y° sloop that took ym was said to belong toone 
William, in providence, & that the pirate took her about the Bahama 
Islands, as his men said, & that Hee took y^ deponent and said Reed- 
wood's Sloop ofl' Cinapuxon Inlctt, 30 miles below y" Cape, & that 
fliey wer taken y' 3' Aug', & that y" sd Canoot keept still on board sd 
sloop, shee being the best Sailor, & y' y" sd Capt. shott one of his 
ownc men for some misdemeanor as they said, formerly conutted by 
him. And further saith not. 

Edward Gillibrand, aged about 36 years, being sent for, appeared 
vk made oath y' hee was M' of y'' dunmorc of Liverpoole, & came from 
Uapahannock river, out ofy° Capes of Virginia, y° 17* Aug'. Last, Ac 
was taken by y" sd pirate y° 19"", with the sloop y' now Lyes att phi- 
ladclpia; y' hee was taken about 75 Leagues offy" Capes of Virginia, 
about E. N. E. the pirate Lay fair northerlie olfy' Cape, &, Laicl him 
athwart y*" Hause & boarded him att once, & y' y° pirate fired but 
killed none on board liim ; that hee knows not y" Sloop's name y' 
took him, and y' at Rapahannock hee was told y' many pirats wer on 
y" coast, & y' hee heard y' pirats say y' y' sloop qrin they took him 
Lelonged to providence, & further says not. 

The which Lre & dcposions being read. The Lt. Go' ask't y' ad- 
vice of y" Council yrin, Whoise ans" was : That seeing y" king's Lres 
patent impowers y^ proprietarie. His H^eirs Sc assigns, by ymselves 
or y' Captains, or other their officers, to Levy, muster & train all ; 
sorts of men, of what condion or qrsoever born, in y' province of i 
pennsilvania, for y' time being, & to make warr, &. to psue y^ enemies 
vfe robbers aforesaid, as well by sea as by land, even wtout y° Limitts 
of y° sd province, <k, ym, by God's assistance, to vanquish & take, &, \ 
being taken, to putt to death by y' Law of war, or to save ym, att y' 
pleasure ; And to do all &c everie other thing which to the charge & j 
office of a Capt. general of an army belongeth, or Hath accustomed 
to belong, as fuUie & freelie as any Capt. General of an army ever , 
had y' same. And seeing the Lt. Gor. is vested with the above sd 
powers of a Capt. General,*.^ is not scrupulous to putt y" same in 
execuon ; Therforc, y° sd members of Council do refcrr y' managmt 
of y" whole aff^iir upon this & y° Like emergcncie, to his conduct & 
prudence. And It is y" Opinion of this board, that what charge shall 
accrew yrby, ought to be speedily raised by a provincial tax. 

Tho petition of David Evans being read. Setting forth His Long 
Imprisonment, & y' notwtstanding y° great charge Hee has been att 
in procuring evidences of his being cleared in England, by his Country, 
on a fair trial of the Crimes alledged ag' him, yet is still detained 



PROVINCIAL COUNCIL. 509 

Close prison', to His ruine; and therfore Requests enlargm' &- y* 
enjoymt of his Liberty. Resolved y' y' petition' make His applicaon 
to y" Judge of y' Court of admiralty, for his enlargment Or Speedy 
trial. 



[24"- Sept', 1698. 

Att a Council Held att Philadelphia die Sabbathi, y' 24* day of 
Septemb', 1698. 

present: 
WM. MARKHAM, Esq', Lieut. Governor. 
Sam" Carpenter, Rich'' Halliwell, Jn" Donaldson, 

Joseph Growdon, John Simcocke, William Clark, 

Wm. Biles, David Lloyd, 

The Lt. Gor said: GentI, There Has Hapened here in this town 
an action that hath verie much troubled me, ^S^ I think in it self verie 
Irregular, viz : There wer some goods & merdizes Seized by y* 
king's Collectors for goods imported Contrary to Law,The wch goods 
Coll. Robt. Quarry, Judge of the Court of admiraltie for this pvince 
<fe territories, by his warrt to Robt. Webb, marshall of y' sd Court, 
took from y° said Collectors, &; Comitted ym to y' custodie of y' sd 
marshall, and y' sd Coll. Quarry being upon going to Maryland, 1 
was petitioned by Jn° Adams, y'owner of y'said goods, for a replevin, 
in these words, viz : "To y' Honble Wm. Markham, esq'. Go' of the 
"province of pennsilvania. The Humble petion of Jn" Adams most 
" humbly Sheweth, That yo' petitioner did, in y" mo. of June Last 
" past, ship a Considerable Quantitie of goods on board y* sloop 
" Jacob, Francis Basset M'., bound for this place from New york 
*' wch sd goods, for want of a Certificate, wer seized att New- 
" castle ; whereupon I, as in duty bound, made my applicaon to yo' 
" Hon', & yo' Hon' was pleased to promise mee all y' favour you 
*' Could in such a Case grant mee. And by yo' Honors advice, I 
" went down to Newcastle to treat with the Collecto' concerning that, 
" who not willing to take any advantage to Ruine mee, was verie 
" willing to observe yo' Honor's Comands & directions, so y' I hoped 
" (as I thought on good ground) to Have my goods returned mee upon 
*' an appraism', till y* Court wold be. A smal time after my certifi- 
" cate Came from Newyork, which I showed to the Judge of the ad- 
" miraltie, &, to Esq' Randolph, & requested I might have my goods. 
•• The Judge told me if I had 1000 Certificates Icould not have my 
" goods but in a Legal way, Becaus hec said y' M' was not Qualified 
" according to Law. 1 submitted to it, and pray'd I might have my 
" goods prized, & wold give in good securitie to ans' it att Court, 
" which was promis't mee (as soon as y' provost marshall had his 
*' Comission, which yet hath not been granted ;) Tho' hee who was 

43» 



r>10 MINUTES OF THE 

" tlie author of all my trouble, & an alien, had his goods <k- vessel de- 

" livred to Him; & 1 was still putt off with fair promises that I should 

" have ym; when y' advocate (y' is to be) had been att Newyork & 

" come back again, I should have ym delivered to me instantly. I 

" y" meantime, understanding I had a Cargo of goods arrived there 

" for race, I went to Newyork to dispose of j" same. And meeting wt 

" y" Advocate on my journey, Hee told mee I might have my goods 

" if I wold give bail according to my prime Invoice, wch I was will- 

" ing to do, rather than to Consume so much of my precious time 

" waiting for I know not what, and so made all possible Haist to New- 

" york ^ putt my goods Into a merts. Hands there to sell for mee, 

"allowing Him Usual Comissions, in regard I was Unwilling to ne- 

■' gleet my troublesome bussines here, in hopes of a Speedy dispatch, 

'' according to the manie Reiterated promises made mee. So I made 

" post from Newyork back again, & Have since made my applicaon to 

" y'' Judge of y" admiraltie, and delivered him my Invoice to puse, & 

" offered him my oath to it. He told me he wold Consider of it, & 

" since tells mee hee can do nothing in it, and gave mee some Hints 

" as though it Stuck wt yo'' Hon', &. am still putt off wt fair words, 

" but no such actions. Soy' I have assumed the boldness once more 

'' to address to yo'' Hon'", Hoping & Humbly requesting y' yo"" Hon' 

" will please to Consider the great Charge I have been att in having 

" my goods seized, & paying ten shills p. week storige, almost these 2 

" mo's., & in having ym detained from mee ; mj several chargeable 

''• and uncomfortable voyages to Newcastle (by yor Honors advice) 

" to treat with tlic Collector; my .great charge, pains, & trouble in 

" Coming back from Newyork, together with my great Charge & 

'' Inconveniencie in Leaving my goods there on Comissions; my in- 

" tolerable Charge in y*" Loss of my precious time, &; extraordinary 

" expenses I am dayly att; the Loss of my market & damnifying of 

" my goods, wch, for aught I know, may be roten before y'= Court of 

" Admiralty be Constituted, the Judge being bound to Maryland for y' 

" advocat's Comission; the great detriment it hath been to my health, 

" being fallen away since I came almost to skin & bones, by Continual 

" Concernedness for my hard, Unheard of Usage; the great destruction 

" of my bussines att home &, abroad ; the impairing my Creditt, the 

-• best Jewell I have ; the utter, unavoidable Ruine of my dear wife& 

" children; y'= smal, or no advantage that can redound to his matie or 

" yo" Hono' by with-holding ym from mee ; all which tends to the dis- 

" honor of his matie in having his subjects wronged in pson & estate, 

" by Hard hearted, unreasonable oflicers, &, y" discouragm' of y' 

" growing trade of this province. IV petition' Humbly prays yo' 

" Hon' to Consider y* premises, and grant Hee may Have his' goods 

" on an appraismt, by sworn appraisers or anie other ways, as yo' 

" Honrs great wisdom may think fitt, being willing to give in Securi- 

" tic to ans' what may be alledged ag' my goods, and abide y' Ord'of 

" y° Court. And yo' petition', as in duty bound, shall ever pray for 

" yo' Honrs Happiness & prosperity. JOHN ADAMS, Philadelphia, 

" August 19% 1698." 



PROVINCIAL COUNCIL. 511 

I made ans' that I wold not medle with any thing that Lay before 
the Court of admiralty ; But the day after, as I take it, the sd Coll. 
Quarry went out of this Town, Tlie sd Jn° Adams, Owner of the 
goods seized, obtained from Anthony Morris, one of the Justices of 
y' peace for this County, a warr', by y*" name of a warr' of Replevin, 
which was executed by y" under Sheriif, and the goods taken from 
y" marshall & delivered to the sd Jn" Adams, y' owner yrof. 

Upon the Complaint of y" marshall, I wrote to the Sheriff y' 
27"" Aug', 1698, in these words, viz : "Mr. Claypool, I wonder such 
" an action of replevying y" goods in y'^ hands of y" marshall of y' 
*■' admiralty should be done without my knowledge : It was but yes- 
" terday that I was petitioned for a Replevin, which I refused ; &■ I 
" think I have as much power as any man in this governm'. What 
" complaints & damages may arise from this Let the actors ans^br ; 
" since I cannot undo what's done, I will declare ag' y' proceedings of 
" all who were concerned in it : my advice to you is, & I expect that 
" every thing you have taken by virtue of the warr' of Replevin, be 
'' forth coming in its proper specie." To which the sd Sheriff made 
answer in these wrds, viz : " Sir, I perceive by yors, y' Adams of 
" Boston had been with you to request the grant of a Replevin, & y' 
" hee had yo' denial. Hee came to mee about foure in the afternoon 
" yesterday, & desired to have a Replevin of certain goods that was 
" taken from him by Robt. Webb, not naming him to mee by any 
'' office, & the writt named him Robt. Webb, gentl; I knew not that it 
• any way interfered with the Court of admiralty, neither did I either 
•' hear or know any ways that hee had been with you. Replevins 
" have been always here granted by the Justices, and never ques- 
" tioned by the Sheriff', no more than writts of arrest. I took of him 
"•' bond w' Securitie in 3001b. for y" goods to be forth coming, being 
" several sorts of English goods, five bolts of Canvass, & five i bar- 
" rels of East India goods, and that hee shall make restituon of y^ sd 
" goods, if it shall be so ordered by y' Court. Had I known you 
" had been interceded about it, wold not have any wayes medled in it 
" wtout yo' approbaon; So hope my ignorance yrof may plead my 
'' excuse, being ever willing to obey yo' Comands to y^ best of my 
"power and ability, so subt. JOHN CLAYPOOLE, 7* Aug', 
" 1698." And Seeing the sd Robt. Webb, marshall of the admiralty, 
came no more near mee, I sent the Sheriif the following warrant, 
viz : " province of pennsilvania; By the Lt. Go^ Whereas, several 
" goods &, merchandizes wer seized by M' Jn° Bewley 6c M" Mathew 
" Birch, Collectors of his Maties Customs wtin this governm'; whicli 
" goods wer delivered by ym Into y^ hands or possession of M' Robt. 
" Webb, marshall of y' Court of Admiralty, in ord'to have ym tryed 
" in y° same Court, as goods illegallie imported. Which goods wer by 
•'the Sheriff of y" Countie of Philadelphia, taken from the sd Rob' 
" Webb, by virtue of a warrant of Replevin from a justice of the 
" peace of the sd Countie, &, the goods delivered to Jn° Adams, the 
" pretended owner thereof; I doyrfor hereby will and require you, to 
'• take into yo' possession y' same & sd goods, & safely keep ym, 
" untill further order, or that they be brought to trial in such Court 



612 MINUTES OF THE 

" y" Informer shall think fitt, according to Law, for which this shall 
" be yo' sufficient warr'. Given att Philadelphia, this 37"^ day of Aug', 
" in y" 10* year of y' reign of king Wm., & 18"' of y' proprietor's 
"govm'. Annoque domi, 1698, Wm. Markham. To M' Jn" Clay- 
" pool, High sheriff of Philadelphia Countie." And the sd Sheriff 
wrote meein answer this, viz: "Aug' 30"', 1698, Sir, Jacob May, 
" (the under Sheriff,) Has been yesterday & to-day about the execuon 
" of yor warrt for seizing «Ss Securing of y° goods taken by replevin, 
•' <fc have not as yet any accot ysof : I hope to wait on you to morrow, 
" & receive yo"" further Comands. To Subt, John Claypoole." Ther- 
after the marshall, Rob' Webb, posted outt of town after Coll. Quar- 
ry, «Sc overtook him at New castle, and there drew up a narrative & 
swore to itt, but know not as yet what it is; But Coll. Quarry att his 
return to Philadelphia, told mee hee had sent several Copies of it 
home, w' Coments upon it as large as the Circumstances of the thing 
wold bear, wt reflections upon mee in it. I told him I thought hee 
had been to quick in writting home before hee had first inquired in 
ye matter Himself. Then the Lt. Go' said, Gentl, Its now late, yrfor 
wee'll adjourn till Moonday y' 26"' instant, & in y° meantime I desire 
you will think of what I Have Laid before you, and y' you will be 
readie by y' time to assist mee wt yo' advice in this matter. 

Adjourned to 26*^ instant. 



[26'* Sept% 1698. 

Att a Council Held att Philadelphia, die Lun2e,y' 26'* of September, 
1698. 

present: 
WILLIAM MARKHAM, Esq'. Leiut. Governo', et ysdem ut antea. 

The Lt. Go' said : Gentl, I Hope you Have by this time Consid- 
ered of what I Laid before you y' 24"' instant, & are ready to give 
me yo' advice yrin. I ask your opinion of the action of Anthony 
Morris, the Justice of y° peace y' granted y" writt of replevin, becaus 
Coll. Quarry, the Judge of the admiralty, aggravats it as an action 
of y' governm'", and I think no action of any Justice of the peace, 
nor no unjust proceedings of any Court, can be termed an action of 
y* governmt. 

It was resolved, that the granting of y° sd replevin was no act of 
the government, nor was the Governor any wise Consenting or privie 
thorto. 

Therafler, three of the Justices of y" peace for the County of Phila- 
delphia, viz : Anthony Morris, Sam" Richardson & James ffox, pre- 
sented to the Go' & Council the paper following, viz : " May it please 
" the Go' & Council, Wee, the Justices of the County Court of phila- 
" delphia, understanding that some complaints have been made to you 
" ag' o' proceedings in a replevin Latelie granted by one of us to John 



PROVINCIAL COUNCIL. 513 

" Adams, mert, veturnable to o' last Court, do humbly offer this fol- 
" lowing answer for o' vindicaon. First, that wee look upon a r«ple- 
" vin to be the right of the king's subjects to have, & or duties to 
*' grant, where any goods or Cattle are taken or distrained. 2dly, 
" That such wi itts have been granted by the Justices, &; no other in 
"■ this govern', the p'ties giving bond with Surties, to the Sheriff, for 
•' redeliverie of such goods in case y° pltf. in the replevin be cast, 
*' according as is usual in England in such cases. Sdly, That since 
" wee understood how the goods in Question wer Seized &, secured 
•' in y* king's store house, wee might have just grounds to conceive 
" that the Sheriff might be as proper to secure the same to be forth 
" coming in Specie, as by the replevin hee is Comanded, as that they 
" should remain in the hands of Robt. Webb, who is no proper officer 
" as wee know of, to keep the same, nor hath given any Security or 
" Caution to this governm' to ans' the king and His people in that 
" respect, as wee can understand. Lastly, That wee att o'' Last Court, 
*' finding this matter to be weighty, tho' wee did not know of any 
" Court of admiralty erected, nor psons Qualified as wee know of to 
" this day, to hold such ( •ourt,yet wee forbore the triall of y" sd reple- 
'• vin,(k Continued it untill wee further advised, & so the pties are to 
"' come before us again att next Court, where wee should be glad to 
" receive some advice yrin from you ; And rest yo'' Loving friends, 
" Anthony Morris, Sam" Richardson, James ffox, philad. y' 21^ of y' 
"T"" mo,, 1698." 

Adjourned to y° SZ* instant. 



[27* Sept', 1698. 

Att a Council Held att Philadelphia die Martie, 27'" Sept', 1698, 
present: 
WM. MARKHAM, Esq'. Leiut. Governo', et ysdem ut anlea. 

Tho Lt. Go' Sent for the Justices of y° peace of the sd County of 
Philadelphia, that Satt on the bench the last Countie Court. There 
appeared Anthony Morris, Sam" Richardson & James ffox, (Edward 
Shippen, one of ym, being gone to New england,) The Lt. Gor told 
vm y' Coll. Robt. Quarry & m' Jn" Moor, had been with him, & told 
him'y' in y'' sd Last County Court, there wer great reflections made 
upon ColL Quarrie's pson, & his Comission ; And that the Court per- 
mitted a petion to be read in Court that had many reflections in it upon 
sd Coll. Quarry, wtout any reprimand or notice taken of it. GentI, 
I am sorry to Hear & unwilling to believe these things. But y' I may 
be satisfied in y" truth yrof, I sent for you to have it examined before 
this board ; But y' time of y' provincial Court's circuit being come, 
wherein Some of y* Council are Judges, I cannot have a Quorum of y^ 
Council until y*" sd Court be over, and then I shall call a Council on 
purpose to examiny' sd Complaints. Wllereupon some of y° members 
of Council moved that the' Lt. Go' wold be pleased to Cause Coll. 



514 MINUTES OF THE 

Quarry & Jn" Moor, to reduce y' Complaints to writting, y' y* psons 
Concerned might make their defence thereunto. 
Adjourned till further order. 



MINUTES OF COUNCILL IN ASSEMBLIE, Anno Ri. Rs. 
Gulielmi terty Angli, &c. decimo. 

lO"- May, 1698. 

Att a Council Held att Philadelphia, dieMartis, 10"' May, IG-QS. 
peesent: 

WILLIAM MARKHAM, Esq'., Leiut. Governo% by virme of a Co- 
mission granted to him by the Right Honble William penn, absolute 
proprietor and Governo' of the province of pennsilvania & the ter- 
ritories thereunto belonging. 

Sam" Carpenter, Rich'' Hallivvell, William.Clark 

Edward Shippen, William Rodeney, David Lloyd. 

John Simcocke, 

The Leiut. Governo' sent the secrie to the Representatives in As- 
sembly, to acquaint them that hee waited for ym, who returning, told 
him that they wold attend him forthwith. 

The Assembly appearing. The Leivt. Governo'' said : Gentl, I have 
received a new Comission from the proprietor and Governo' ; I yrfore 
desire you to attend the publishing yrof by the secrie at y*" market 
place, & when that is done, I desire the members of Council to return 
hither. 

The sd Comission having been so published, & the sd members re- 
turning. The Leivt. Governo" desired the secrie to record y' same In 
the book of minutes of Council. Here it follow^: 

Commission. "^ 

William Penn j 

to ^ 

Wm. Maekham, to I 

BE Leivt. Goveeno'. J 



ll'^May, 1698. 

At a Council Held att Philadelphia die Mercury, 11*, May 1698. 
present: 
WM. MARKHAM, esq', Licvt. Governo', &c. 

The Sheriff of the County of Philadelphia His Return of Repsenta- 
tives for Council was produced, qrby it appeared y' ther wer elected 
Sam" Carpenter & Edw' Shippen, who appeared. 



PROVINCIAL COUNCIL. ni5 

The Sheriff of the County of Bucks his Return of Repsentatives for 
Council was produced, qrby it appeared y' ther wer elected Joseph 
Growdon & Wm. Biles, who appeared. 

The Sheriff of the County of Chester His return of Repsentatives 
for C-ouncil was produced, qrby it appeared y' ther wer elected David 
Lloyd & Jn" Simcocke, Who appeared. 

The Sheriff of the Countie of Newcastle his Return of repsentatives 
for Council was produced, qrby it appeared y' ther wer elected Rich** 
Halhwell & Jn" Donaldson. The first appeared, the Last absent 

The Sheriff of the Countie of kent his Return of repsentatives for 
Council was produced, qrby it appeared y' y' wer elected Jn" Curtis, 
since deced, & Wm. Rodeney, who appeared. 

The Sheriff of the Countie of Sussex His Return of Repsentatives 
for Council was pduced, qrby it appeared y' ther wer elected, Wm. 
Clark & Jn" Hill. The Last absent. 

The sd Sam" Carpenter, Edw'* Shippen, Joseph Growdon, Wm. 
Biles, David Lloyd, Jn° Simcocke & Wm. Clark, did Subscribe the 
declaraon of fidelitie, the profession of the Christian faith &: the Test. 
& took their places at the board. 

The said Richard Hallivvell & Wm. Rodeney took the oathes ap- 
pointed by act of parliam' to be taken in stead of the oathes of allegi- 
ance & Supremacie, 6:, Subt y'test, and look y' places at y^ board. 

AND THEN WER PRESENT : 

WILLIAM MARKHAM, Esq\ Leivt. Governo'. 
Sam" Carpenter, Wm. Biles, Rich^ Hallivvell, 

Edw** Shippen, David Lloyd, Wm. Rodeney, 

Joseph Growdon, Jn" Simcocke, Wm. Clark. 

The Sheriff of the Countie of Philadelphia his return of repsentatives 
for Assembly was produced, whereby it appeared that there wer 
elected, Anthony Morris, James ffox, Sam" Richardson and Andrew 
Bankson, VVho appeared. 

The Sheriff of the Countie of Bucks His Return of repsentatives 
for Assembly was produced, qrby it appeared that there wer elected, 
phineas pemberton, Robt. Ileaton, Joseph kerbride, & Henry Baker, 
sick. The first three appeared. 

The Sheriff of the Countie of Chester His Return of repsentatives 
for Assembly was produced, qrby it appeared that there wer elected, 
Caleb pussey, Sam" Louis, Nathaniel Newline and Robert Carter, 
Who appeared. 

The Sheriff of the Countie of Newcastle His Return of Repsenta- 
tives for Assemblie was pduced, qrby it appeared that there wer 
elected Adam pieterson, Edw'' Gibbs, John Grubb and Joseph Eng- 
land. The Last absent. 

The Sheriff of the Countie of kent His Return of Representatives 
for Assembly was pduced, qrby it appeared that there wer elected, 
Richard Wilson, Wm. Morton, both absent; Robert Edmunds & 
Henry Mollcston, who appeared. 



516 MINUTES OF THE 

The Sheriff of the Countie of Sussex His Return of Repsentativcs 
for assembly was produced, q'by it appeared that there wer elected 
Thomas Oldman, Jonathan Bayley, Cornelius Wiltbank and Luke 
Watson, Junior; The Last sick. , The rest appeared. 

Anthony Morris, James ffox, Sam" Richardson, phineas pember- 
ton, Robert Heaton, Joseph kirkbride, Caleb pussey, Sam" Louis^ 
Nathaniel Newline, Robert Carter, Edward Gibbs & Jn" Grubb, did 
subscribe the declaraon of fidelitie, profession of the Christian faith 
and the test. 

Andrew Banckson, Adam pieterson, Robert Edmunds, Henry Mol- 
leston, Tho. Oldman, Jonathan Bayley & Cornelius Wiltbanck, took 
the oaths appointed by act of parliament to be taken instead of the 
oathes of allegiance and Supremacie, and Subt the Test. 

All which members of Assemblie that were Returned and appear- 
ed, being thus qualified as above. The Leivt. Go' said : I desire you 
to go together & choose yo' Speaker. The assemblie departed. After 
some time Edward Gibbs & Tho. Oldman acquainted the Lt. Go' & 
Council, that the members of Assemblie wer readie to wait upon 
him. The Lt. Governo' Returned y' hee & Council wer ready to 
receive ym. 

Then phineas pemberton, accompanied by all the repsentatives of 
Assembly, acquainted y° Leivt. Governo', that they had made Choice 
of him for y' Speaker ; Who having desired to be excused, &, y' y* 
Lt. Go' wold order another choice. The Lt. Go' replied that hee was 
well satisfied with their Choice. 

Then the Lt. Governo' addressing Himself to all the repsentatives 
in Council & Assemblie, said: " Gentl, & you M' Speaker, Ever 
" since I received instructions from yr excellies The Lords Cornrs of 
"the Governmt, Sub' by y'' Comrs of His majes Customs, wch was on 
" y° 17"" March Last, & Lyes upon the table for yo' pusal, I Have 
" thought the time Long to the day of yo' meeting, that I might advise 
" wt you about an effectual way to answer every article or Comand 
" thereof. Our navigable Ci'eeks where smal vessels ma}'^ Load are 
" many, & not so well known in England as they arc to us here, 
" yrfor wee cannot expect yr excellies instructions should be so 
♦' exactlic framed, nor any Law in England so made, but there may 
*' be some difficulty here to put in execuon every part or Article ; But 
" this wee know, That it is o' duty to take care they be punctually 
♦' observed & kcept. Therefore, I desire you will diligently peruse 
" the Laws of trade & navigaon, with the instructions, and where you 
"find anie article difficult to execute, you will make such Laws as 
" may make them more easy, & enable the Governo' t^ his majes 
*' Collectors to pform y' duties with all the securitie possible may be. 
" I have desired the Collectors to Consider what Laws they think 
" necessary for his maties Service & interest, <fc advise mee yrof. 
" I have promised ym free access & freedom of Speech both to & 
" in the Council & Assembly, and I expect you will perform it, & 
*' also to any of yo' Comittees. This is the first thing I Have to 



PROVINCIAL C0UM:IL. 517 

" propose, & desire it may be dis^patched before wee enter upon any 
" thing else." 

The Lt. Go' deUvered his sd speech to the assembly, & appointed 
Edw** Shippen, Joseph Growden, W ni. Clark, Rich'* Halliwell &, 
David Lloyd, a Comittee to Join a Comittee of assemblie to Consider 
of y' sd speech, & to propose such a Bill to be past into a Law as 
they should think Convenient, and to make report to the Governo' & 
Council. 

Adjcfurned to the 19"" instant. 



[lO'" May, 1698. 

At a Council Held at Philadelphia die Jovis, 19'" May, 1698. 

PRESENT : 

WM. MARKHAM, esq'. Leivt. Governo% et ysdem ut antea. 

Joseph Growdon, Chairman of the Comittee of Council & Assem- 
blie, appointed to Consider of the Lt. Governo" speech, made report 
to the Leivt. Go' & Council, that they had with all diligence perused 
& Considered y* same, & had drawn up a bill for the further Con- 
sideraon of the Leiv^ Go', Council & Assembly, to be past Into a 
Law, for preventing frauds, &c. which was distinctlie read & debated, 
article by article. 

Ordered y' Da** Lloyd & Wm. Rodney, Carry y' sd bill to the 
house of repsentatives for y' approbaon; wch they did. 

John Hill, returned by the Sheriff of Sussex County to serve in 
Council, & Luke Watson, Jr. to serve in Assembly, took y' oathes 
appointed by act of parliamt to be taken instead of the oaths of alle- 
giance & Supremacie, and subt the test. 

[David Evans. 

Upon Reading the petion of David Evans, setting forth that hee 
was Close prisoner in the comon goal of y" Countie of Philadelphia, 
upon Suspition of Having been a pirate belonging to Avery's Crew, 
& y' hee had his triall at y" old Bayley in England, before the Lord 
Chief Justice Holt, &; was cleared by proclamaon, but remanded to 
Newgate for his fees, & was relieved thence by Jn° Lowrie, who 
had been by the petitioner subpoenaed as a wittnes for him on his 
triall, & was psent at v'' same, & at his discharge, which the peti- 
tioner was readie to make appear, by the testimony of y" sd Jn" 
Lowrie, & other Lett" from Credible psons, & yrfor requesting to be 
discharged from his confinement. John Lowrie appearing before y* 
Lt. Go' & Council, did Swear on the Holy Evangells of Almight)' 
God, that in July Last hee v.'as at the trial of the said David Evans, 
at the old Bayley, before the Lord Chief Justice Holt, & heard him 
cleared by proclamaon; and afterwards saw him in Newgate, paid his 
fees for him, & tooke him into the said deponent's Lodging ; Also 

•14 



518 MINUTES OF THE 

a Lett' from one Capt. Humphrey pellew, M' of a vessel, directed 
to tliG Lt. Govcrno', dated 14"' May instant, was produced, where- 
in hee says : I am a perfect Testator, by report of david Evans 
acquittance, but M' Lowrie who was at his trial at y" old Bayley, 
London, in July Last, Can more fullie satisfy yo' Hono'. The said 
David Evans also sent to the Lt. Go' & Council a Lett' from one 
James Lewis to his children here, dated the 8'^ of 7br, 1697, wherin 
hee writts that his Cosen, David Evans, having mett with trouble- 
about the psian ship, is now cleared & discharged by Law, for the 
king's evidence from first to Last, afTinned y' he was prest & forct 
away by Capt. Avery; That there were about fifty gentl, as they 
call them, from Carmarden & pembrockshire at his triall, & tho' 
some did, yet there was no need for any of ym to appear in his 
behalf. Hee was at a great charge to bring several M' of Shipps to 
vindicate the truth of things as to him, but the Judges saw there was 
no need for any of ym to appear in his behalf, nor to examine ym, 
& so released Him in open Court, To the great joy & Content of 
Judge Wogen, Esq'. Sommerford, &■ the rest of his Countrymen. 

Sam" Harrison, mariner, (a man of good Credit here,) also made 
oath on the Holy Evangells of Almighty God, y' in England hee saw 
the sd David Evans in Custodie, & saw him Carryed prisoner to 
London, &, knows no more of him but what hee, this deponent, had 
from y" sd David Evans' own mouth. 

Robert Sncad being sent for before the Lt. Go' & Council, by whois 
means the said David Evans was by the Lt. Go' Comitted, was desired 
to exhibit Informaon ag' him, the said David Evans, which hee did. 
and which remain on y^ file in the Secries office. 

Resolved, that if the sd David Evans cannot bring good & suffi- 
cient securitio to the Lt. Go' & Council, to be bound body for body 
for him, that hee shall not depart the province untill hee produce 
from England authentick Certificates of his trial & discharge, y' then 
hee shall remain as hee is, close prisoner, untill he be discharged by 
due Course of Law. 

The Lt. Go' ordered y' Sccry to Issue a Sumons for y^ sd IV 
Snead to appear befor y" Go' & Council post m. 



POST MERID. 

Att a Council Held alt Philadelphia die Jovis, 19"" May, 1698, Post 
merid. 
WM. MARKHAM, esq'. Lt. Go', et ysdem ut antea, except R"^ Hal- 

liwell. 

The sd Robt. Snead appearing. The Lt. Go' acquainted him y' hee 
had avice from England that y" sd Robt. Snead had wrote to Eng- 
land, pticularlie to Sir I. Hoblon & Coll. Robt. Quarry, Informing 
ym Tiiat tlin' y' Governo' knew of & had y^ proclamaon to seize 
pirats, yet that hee refused to seize several ofy^ pirats of Avery's 



PROVINCIAL COUNCIL. 519 

crew, & bailed ym after Seizure, &. denied &. refused guards to watch 
fhem, the goal being insufficient. Ail which hee, y* sd Robt. Snead, 
positively denied, & said that hee sent to y" proprietor a Copie of 
what hee wrote. Hee owned that liee had writt They wer bailed, 
but not by y" Go\ &. that hee Complained home of abuses he had re- 
ceived here. The Lt. Go' told him that it had been his duty, first to 
have Complained here ibr redress of the sd abuses, & when y' was 
denied him here, It was then time enough to have Complained home. 
Then tlie Lt. Go' & Council demanded a sight of the Copies of y" sd 
Lres, that they might make ans' yrto, if hee had charged ym with 
any thing. Hee replied they wer at Newyork, but expected ym by 
y" post, &■ yn he Avoid pduce ym. 

THen the Lt. Governo' said, that there were other Informaonsscnt 
home, viz: that many 100'' hhds of Tobacco are Constantlie Shipt 
from pennsilvania directly for Scotland, & particular men named, & 
no security taken but beggars, for which bribes taken. That there 
is an illegal trade from Curasso. That pennsilvania is become y' 
ureatest refuge & Shelter for piruts & Rogues in America, The Go' 
giving ym Comissions. That a ship Came hither directlie from Den- 
mark with Copper, tin, & other European goods, wch were all 
unloaden, & the Shipp unrigged before shee was seized. That a brig- 
anteen irom Newyork took in almost all her Loading of tobacco wtout 
giving bond or securitie ; & that the bussines making a great noise, 
The Go' ordered the Collector to seize her, which was done, & pre- 
paraon made for a trial, but y' before it Came on. The Go' ordered 
her to be discharged, & that some of the owners say It cost ym lOOlI 
to clear their briganteen. All which hee, the said Robt. Snead, denied, 
& said Hee knew nothing of it. 

John Moor, a practitioner in Law at the Courts of this province, 
being sent by the Lt. Go', appeared. The Gor told him y' he under- 
stood y' Esq' Randolph had named Him to act as attornie General in 
behalf of his maty, & told him that hee sent for Him to qualifie him 
to act accordingly in that station, & to put in Suit some plantaon bonds 
& other actions y' Esq' Randolph intended to prosecute. The said 
Jn° Moor refused, becaus Esq' Randolph had required him to prose- 
cute persons to Judgm' & execuon in Cases where hee, the said in" 
Moor, Conceived y' hee, y' sd Esq' Randolph, himself was not Im- 
powered to discharge, or words to that effect. 

Adjourned to 20"' instant. 



ZO'" May, 1698. 

Att a Council Held att Philadelphia die Veneris, 20'" May, 1698. 
present: 
WM. MARKHAM, esq' L^ Go', et ysdem ut antea, & Jn" Hill, Rich 
Halliwell, absent. 
The Lt. Go' appointed Edw" Shippen, Wm. Biles, Da" Lloyd & Jn' 



520 MINUTES OF THE 

Hill, a f'omitteeof Council to join a Coniittee of Assembly toexamin, 
adjust & bring in an accot of the debts of the governm', & to report. 
Adjourned to 23'' instant. 



22" May> 169S. 

At a Council Heldatt Philadelphia Die Lunce, 23^ May, 1698. 

PRESENT : 

M'M. MARKHAM, esq". Lt. Go', et ysdem except Joseph Growdon. 

Edw' Shippen, Chairman of y^ Comittee of Council ds Assembly 
appointed to examin, adjust & bring in the debts of the governm', made 
Report to the Lt. Governo'' & Council, that they found the province 

to stand indebted to sundry persons in y' sum of 

^' Anthony Morris & Cornelius Wiltbank, brought from the Assem- 
bly to the Lt. Go' & Council, a Bill for Confirming the Laws of this 
government, which was read & debated. 

Adjourned to 24* instant. 



[24"' May. 

Att a Council Held att philad. die Martis, 24"' May, 1698. 

present: 
WM. MARKHAM, esq'. Lieut. Governo"', ct ysdem ut antea, with 

.Joseph Growdon, Rich'' Halliwell, absent. 

Sam" Richardson & Henry MoUeston brought from the house of 
Repsentatives to the Lt. Go', a bill for Continuing of an act entitled, 
The Law for the speedy Collecting the arrears of the assessmt Laid 
anno 169G, which was read & debated. 

Anthony Morris & Tho. Oldman brought from the house of Rep- 
sentatives to the l^t. Go', a Bill Supplemental to y'= La\v ag' Robbing 
& stealing; as also, y" bill for regulating frauds; Both wch wer read 
Si debated. 

Adjourned to 26"' instant. 



[26'" May, 1698. 

Att a Council Held att philad. die Jovis, 26'" May, 1698. 
present: 
WM. MARKHAM, esq'. Lt. Go', ct ysdem ut antea, & R' Kaliiweli. 



PROVINCIAL COUNCIL. 521 

Jn" Donaldson, Returned by y" sheriff of y' Countie of Newcastle 
as repsentative in Council, took the usual oaths & test, &c. Caleb 
pussey & Jn" Grubb, from the house of rcpsentativcs, brought to y*^ 
Lt. Go' & Council a Bill to encourage bringing in of money to pro- 
mote trade & ease paym" ; as also, a Bill for regulating the streetts 
& water Courses in the cities & towns of this govcrnnV ; both which 
wer read and debated. 

Adjourned to 27* instant. 



[27* May, 1698. 

Att a Council Held att philad. Die Veneris, 27"' May, 1698. 

PRESENT : 

WM. MARKHAM, esq'. Leivt. Go\ 

Sam" Carpenter, David Lloyd, Wm Rodeney, 

Edw'' Shippen, Jn" Simcocke, Wm. Clark, 

Joseph Growdon, Rich'' Halliwell, Jn" Hill, 

Wm Biles, Jn" Donaldson, 

John Bewley, Esq'., Collector. 

The Lt. Go' delivered to y" Secry certain Letters patent, und' the 
great Seal of England, wch y" sd secrio read, & by reason that a 
Quorum of y^ Comrs yrin named Could not be gott together at y' 
time to Swear y" Lt. Go' by virtue of y^ sd Lres pat., dated y" 30'-"' 
of April, in y" 9"' year of y" reign of Wm. the S^ &;c. Wm. Mark- 
ham, Lt. Go' of y' sd province, (by virtue of a Late Comission grant- 
ed to him by y" Right Honble Wm. Penn, absolute proprietor 6^ 
Governo' of y" sd province of Pennsylvania & the territories yrto 
belonging,) made oath upon the holy Evangells of Almighty God, to 
do his utmost that all tho matters and things Contained in the rexive 
acts of trade & navigaon in y^ sd Ires patt & oath annexed Con- 
tained, shall be punctually & bona fide observed as yrin is directed. 
In a full Council held y*" sd day, Jn° Bewley, Collector, psent, Where- 
of an Indorsment is made on the sd Lres pat, & Signed by sd Jn' 
Bewley, Collector, Rich' Halliwell, Jn" Hill, Wm. Rodeny & Jn' 
Donaldson, all four of the Council. 

The Assembly having rcpsented to the Lt. Go' & Council as a 
grievance, That the ordinarie had required exers of Testator's estates 
to give securitie att y" office ; After a fall & free debate yrof in Coun- 
cil, It was y'' unanimous opinion & Resolve of y'^ Lt. Go' & Council, 
that exers give securitie to tho office for the due administraon of the 
Testator's estate, as admrs do for Intestate's estates. 

Adjourned to 28"" instant. 

44* 



522 MINUTES OF THE 

[28 May, 1698. 

Att a Council Heldatt philad. die Sabbati, 28"" May, 1698. 

PRESENT : 

WM. MARKHAM, esq'. Lt. Go', et ysdem ut supra. 

The Lt. Go' Resolved y" whole Council Into Comittee, to Join a 
Comittee of y" whole Assembly, to prepare an address from ym as 
y' people's repsentatives to his matie, & to make report, drc. 

Adjourned to 30"" instant. 



[SO May, 1698. 

Att a Council Held att philad. 30'" May, 1698, die LunjE. 
present: 
WM. MARKHAM, esq'. Lwvt. Governo', et ysdem ut antea, excepf 
.In" Donaldson & R' HalliwcU. 

Joseph Growdon, Chairman of y Grand Comittee of Council & 
Assemblie, appointed to prepare-an address to his matie, made report 
that they had prepared y' same, which being read & debated, it was 
ordered that the same should be engrossed & signed by the members 
of Council & assemblie, &, that the secrie should make outt two 
duplicates y'of, & to be by the Lt. Go', with the original, sent to 
England, &, that another remain on the file in y' Secries office. 

Then the Governo' desired Jn° Hill to acquaint the assembly that 
hee waited for them. Who returned. That they wold forthwith 
attend him. 

Tlie Assemblie appearing, Mr. Speaker pscnted to the Lt. Go' & 
Council several bills which had past their house. The Lt. Go' said 
Hee would Cause ym to be read & Considered. 

After reading of all y° sd bills by y^ secrie, the Lt. Go', with 
advice of the Council, rejected & voted outt some of ym, and the 
remaining six being three times read, wer by them approved of, viz:. 

The first entitled. The Law for Confirming the Laws of this go- 
vernmt. 

The Second, An act for preventing of frauds & regulating abuses 
in trade within this province of pennsilvania and Counties annex't. 

The third. The Law for tlie ContinUaon of an act entitled. The 
Law for the speedy Collecting the arrearages of the assessment Laid 
in 1696. 

The fourth. The Law supplemental to the Laws ag' Robbing and 
Stealing. 

The fifth. The Law to encourage bringing in of money to pro- 
mote trade, and make paymts more easie wtin this province & Ter- 
ritories. 



PROVINCIAL COUNCIL. 523 

The Sixth. The Law for regulating streetts & water Courses in 
y* Cities & towns of this governmt. 

[^Peter Clausson. 

Upon Reading the petition of peter Clausson, setting forth, That hee 
has been under Confinement above a year Last past, upon suspition of 
piracie & as being one of Avery's Crew, & not brought to trial, and 
yrfor requesting that seeing no accusaon Comes against him, hee 
may have Licence to depart this governm'. 

The petition' on his examinaon, Having confest that hee had been 
m Avery's ship, but said he was forc't on board, therefor y" Lt. Go' 
<k Council thought lit to reject his petion ; But a motion was made 
tliat the Lt. Governo' might write to ffr. Nicholson, Go' of Mary- 
land, to order a Court of Admiralty to try this petition' & David 
Evans. 

Adjourned to 31" of May, 1693. 



[31" May, 1698. 

Att a Council Held att philad. die Martis, 31" May, 1698. 
present: 
WM. MARKHAM, esq'., Lt. Governo'. 

Sam" Carpenter, William Biles, William Rodeney, . 

Edw^Shippen, David Lloyd, William Clark, 

Joseph Growdon, Jn" Simcocke, John Hill. 

The Lt. Go' desired Jn° Hill & Wm. Rodeney to acquaint y^ assem- 
blie that hee waited for ym. Who returned y' they wold forthwith 
attend him. M' Speaker & the whole house of repsentatiTCs appear- 
ing, the Go' desired y' Secrie to read over all y^ six bills, which hee 
did, &; yn underwrote each bill in these words, viz : Philadelphia, y° 
31" May, 1698. This Bill being three times read, was assented to 
by the Lt. Go' »Si Council, & yn y° Lt. Go' past ym all one after 
another, by signing y" same & affixing thereto the Seal of the pro- 
vince. 

The Lt. Go' having read a Lett' from his grace the duke of Shrews- 
burrie. Concerning pirats &. Sea Rovers, issued forth a proclamaon 
ag' ym, a Copie qrof remains on y'' file of y° minuts of this 

In ans' to y" assemblie's paper of grievances ; To y' first that 
security was required from exers, the Lt. Go' told ym y' it was y* 
opinion & Unanimous resolve of y"" Council, that exors do is shall 
give security to the ordinary. 

To the 2cond, that the office of p'bates of wills, & granting of Lres 
of administraon, was at Philadelphia only, Hee told ym y' y" sd office 
should be settled in each Countie rexivly. 

To y' 3^ that the Center fair was a nusancc, hee told ym y' he 
wold Leave y' to the care of y' Justices of y' peace. 



524 MINUTES OF THE 

To y' 4*, y' Jn" Claypoole was reputed & convicted of ill-fame, & 
yrfore unfit to be sheriff, Hee told ym Hee should have a fair Hear- 
ing. As to issuing writts for choosing repsentatives for y^ Assembly 
in y° room of those y' had absented ymselves, Hee told ym y' when 
there was occasion hee should issue such writts to Choose others. 

Then y'^ Go' said : genti, If you have anie thing else to offerr at 
this time for the consideraon of y° Council & Assembly, I'm ready to 
hear you ; If not, to dismiss you : they ansred no. 

Then y" Lt. Go' said : gentl, I dissolve you, & you are hereby 
dissolved. M' Speaker thank't y^ Governo' and departed. 

Then y' Leivt. Governo' ordered y' members of Council to attend 
the publicaon of y' laws, & of a proclamaon ag' pirata, to-morrow 
att ten in y° morning, being 1" June, 1698. 

The Go' adjourned y' Council to y* l" 7br. next. 



[15°" May, 1699. 

Att a Council Held att Philadelphia die Lunte, 15"^ May, 1699. 

PEESENT : 

WILLIAM MARKHAM, Esq'., Lieut. Governo'. 
Sam" Carpenter, David Lloyd, Rich^ Willson, 

Edw"* Shippen, Caleb pussey, Wm. Clarke, 

Wm. Biles, Wm. Rodeney, John Hill. 

Upon reading the petion of the Inhabitants of kent County, setting 
forth that qras there is a certain peel of land in y* sd County, of 
200 acres, on the south side of dover river, neer the bridge in the 
king's road, qron the Court house now stands, wch y" sd Inhabitants 
Latelic pchased from Wm. Southbee, for the publick use of the sd 
County ; & qvas y^ said Land being convenientlie accomodated in 
all respects for y° good & benefit yrof, and it being highlio necessary 
that a township, with all other priviledges & benefitts, be erected & 
established for the good of the said County, with fairs att Convenient 
times, &c., and the sd Land being convenientlie situated for y' pur- 
pose ; And yrfor Requesting y' y" sd Land may be from hence forth 
erected into a township, & called by the name of Canterbun-y, & 
that they have a fair yrin twice a year, and that the same may be 
Laid outt into Lotts, a Coman & market place, as the County Court 
& grand Jury shall order and appoint, with streets and publick Land- 
ings, &. y' ihc freeholders of the said Countie may have their Lotts 
yrin proportionablie to what they have paid towards it, & that what- 
soever else may be necessary & Convenient for y' good & benefit 



PROVINCIAL COUNCIL. 525 

yrof, may be left to the Court & grand Jurie from time to time, as 
y' same shall be needful! to be done. 

Upon reading the- within petion, the Leiut. Governo' and Council 
granted the same as is desired, & that after y" 20"" of June next, the 
within town shall be called Dover. 
[Eliz. Cruckshank's petion. 

Upon Reading the petion of Eliz. (Late Cruikshank, now) Hall, 
exrix. of y° Last will &, testamt of Alex' Cruikshank, deced, setting 
Ibrth y' qras the per's sd husband, deced, by his last will & testamt, 
did bequeath to his daughter Hesther, a negro girle Hannah, &. the 
rest of his real & psonal estate to yo' pe'r., to be managed by her 
till her children, in number five, should come to the age of 21, & 
yn to be equallie divided among ym, & yo' per. to have her thirds att 
her disposal, & did make her exrix yrof, as by said will appears ; 
and qras, his real estate being a plantaon att passyunk, was apprized 
att 170£, & his psonal att 4801b. IT. 10^ in all 550£ 17' 10^ as p. 
laventario appears, and y' shee hath lost by death of negroes &; 
cattle, & paid & disbursed towards paying of debts & educaon, & 
maintainance of her children, 3081b. 9d, (as p. her accots exhibited 
to & proved before y' Go', in presence of Tho. &- Eliz, two of her 
children, now of age, appears,) who pronounced for the validitie of 
her accots, & ordered yo' per. to make distribution to ym of yr pro- 
portions of the remander of y' sd clear estate, after shee had deducted 
iier third p't yrof, according to the sd will : And by which accots 
there appears to be due from your per. to y^sd estate, to ball 242' 17' 
1*, qrof yo' per. is to have one third, is 80' IP', as p. will, & y' sd five 
children are to have the remainder, wch is Ifil' 18' equallie among 
ym, as they come to age, wch is 32' 7 7'' lo each one of them, if 
y" sd plantaon sell for what it's apprized att. And qras, by y' Law 
of this province about Testats & Intestats estates. It is provided y' 
after all debts are pd the surplusage or residue (if anie be) of the 
testator's psonal estate, shall be by the exers divided according to y' 
Last wills, y' widows having a third of y' psonal estates. And qrby 
its also provided, y' where y' sd testators or intestators psonal estates 
are sufficient to pay all y' debts, y' their real estates shall be invest- 
ed ,fe remain as their Last will & testamts devise y^ same, the widow 
having a 3'' p' yrof. 

And qras, y' sd psonal estate is not sufficient both to pay y" said 
Thomas nor Hesther yr proporons of y' sd clear estate, nor to pay 
her, the sd Eliz. her thirds yrof, no' to bring up, educate & main- 
tain the other 3 youngr children, nor to keep in repair, uphold & 
save from ruine & destruction y' sd plantaon, nor to improve it to 
all y' advantages, & that y" sd Thomas is neither willing nor able 
to pchass y" sd plantaon, outt of which to pay himself, the other 
children & yo' per's. thirds; but is most willing y' same should be 
sold for y' purposes aforesaid, wch cannot be done wtout the order 
of this board; And yrfor, Requesting y' Go' &. Council to permitt «fc 
allow her, y° per, to sell &, dispose of y" sd plantaon, towards tho 
defraying of y" sd proportions, &. of yo' pers. thirds, Her owne sup • 



526 MINQTES OF THE 

port, & the maiiitainauce & education of her other 3 children, &, the 
better Improvement of y* remainder to y' advantage. 

The Lt. Governo' &. Council appointed Wm. Biles &. Caleb pussey 
to inspect into & exaruin the pers. accots, & the truth of the allegaon.s 
in y" sd petion menoned, ct to make report yrof to this board to- 
morrow morning. 

[David Lloyd's petion. 

Upon reading the petion of David Lloyd to the Lt. Go' &. Coun- 
cil, setting forth that the per. Hath pchased a Smal peel of Land 
att Chester, Called the Green, wch Lyes verie Comodious for build- 
ing a town. It fronts both to Chester creek &- dclaware river, & 
is protracted, & a market place Laid outt, with streelts, by y' Sur- 
vcyo' General, as by the mapp to the said petion annex't appears ; 
And yrfore, desiring this board to allow of &, Confirm the sd modell, 
as the Law in that case directs. As also upon reading a Letter 
from M' Jasper Yeates, Directed to the Sccry in May, 1699, wherein 
hee says : Sir — I inclosed send you a petion wch I desire you to 
prefer to y Go' &, Council, in case M' Lloyd putts anie thing in, or 
moves to strengthen his title to the green. It appears to be Church 
Land, becaus it's irom ym hee derived his pretended Title ; if M' 
Lloyd moves not, there will be no occasion to putt fore ward the 
petion. And upon reading the said Jasper Yeates' petion to the 
Governo' Sl Council, setting forth that hee is inforrped there is a 
design on foot by M' Lloyd, to obtain an act of Assembly to strength- 
en a pretended title of his to the green Lying before Upland ; that 
the sd Green is realie Church Land, & appropriated by a donation 
to y' use for ever, And yrfor praying there may be no procedure 
yron till notice be given to y' psons Concerned, &. due time allow- 
ed, y' they may Lay before yor Honors what they have to alledge in 
behalf of the Church. 

Upon debate on both the sd potions. The petion of y said David 
Lloyd is granted, saving to the proprietor & Go', & to all other per- 
.sons, their rights. 

Adjourned to y' 16* instant. 



IG'" May, 1699. 

Att a Council Held att Philadelphia DieMartis, le"- May, 1699. 

WILLIAM MARKHAM, esq'. Leivt. Governo', ct ysdem ut an- 
tea, &c. 

Wm. Biles &, Caleb pussey, to whom the examinaon of the petion 
& accot of Eliz. Cruikshank was Comitted, made report, that they 
had viewed & examined the same, & her stated accots with the 
vouchers yrof, & found y' shee hath Lost much by the death of ne- 
groes & cattle, <fe been at great charge in maintaining &, bringing 



PROVINCIAL COUNCIL. 527 

up her children, &. has paid considerable debts; and that there is 
yrfor a necessitie to sell y' plantation yrin meno.iod . 

Resolved & Ordered, that the sd Eliz (Late Cruikshank, now) Hall 
& her husband, Richard Hall, with the consent of Thomas Cruik- 
shank, her eldest son, be allowed 4* permitted, & is hereby, by y^ Go' 
& Council, allowed, permitted, authorized &■ impowred, to make sale&. 
conveyance to anie psons whatsoever, of the within plantaon att pas- 

syunk, with its houses &. all its apptenances. Containing acres 

of Land, &, acres of Marsh, &, to ym, y'' heirs &, assigns for- 
ever, towards the defraying the proporons in the sd petion mcnoned, 
&. of the pers. thirds, her own support, &l the maintainance & edu- 
caon of her other 3 children, & the better improvmcnt of the Re- 
mainder, to their advantage, according to y" Laws & customs of y* 
sd province. To hold to y" sd purchasers &. y' heirs & assigns, in 
fee simple &, estate of inheritance forever, &c. 

Upon reading the petion of some of the Inhabitants of Chichester, 
in the Countie of Chester, Requesting a weeklie markett & two fairs 
in the j'^ear; After a full debate yrupon. The Leivt. Go' & Council 
granted ym a weeklie market on friday's, to be keept in broad street 
as is desired. 



17'" May, 1699. 

Att a Council Held att Philadelphia die Jovis, 17"" May, 1699. 

present: 

WILLIAM MARKHAM, Esq'. Leivt. Govcrno', et ysdem ut antea. 

The Lt. Go' acquainted the Council that the proprietor & many 
others in England, wer dissatisfied about the monies being advanced 
in this province above the rate putt on it by the nighbouring Colonies, 
& y' the raising of it might be prejudicial to the proprietor's Interest 
in the Quitt rents. 

It was y" Unanimous Opinion of y' Council, y' the advancing the 
monie was but a prudential act to keep mony in y" province, & that it 
was never intended to be prejudicial to y'^ proprietor's quit rents, nor 
should it be. 

[petition about y' streetts. 

Upon reading the petion of several of the Inhabitants of the town 
of Philadelphia, setting forth the neglect of Levelling the streets, & 
ordering the Currents yrof, &, the annoyance of the inhabitants by 
obstruction of tite said Currents, and yrfbr requesting y° Go'fe Coun- 
cil to appoint psons to remedie y^same, according to Law. Ordered 
that Edward iShippen, Joshua Carpenter, John Jones, Charles Read, 
Jn" parsons, W-m. Southbee, & Robt. Turner, or anie foure of them, 
do with all expediou psue y" Law made in the year 1698, entituled 
The Law for regulating streetts & water-courses in the cities & towns 



528 MINUTES OF THE 

of this governmt ; & that they begin with the High-streett Currents 
in y* front yrof & Highstreet wharfF, The Currents between Robert 
Yieldall's & the widow Borden's, &. the Currentts & vvharft" by Hum- 
phrey dc John Morrey's, & Wm. Hearr. 



[29* June, 1699. 

Att a Council Held att Philadelphia Die Luna^, the SO"' day of 
June, 1699. 

present: 
WM. MARKHAM, Esq'. Leivt. Gcverno'. 

Sam" Carpenter, William Biles, Caleb pussey, 

Edward Shippen, David Loyd, 

Upon reading the petion which Robert Brandingham & William 
Stanton (prisoners in the Countie goal of Philadelphia, upon suspition 
of piracy) did exhibit to the Governo' & Council for a speedie trial; 
& Jn° Tudor of Newyork being heard in their behalf, & the mater 
debated, and this board being informed that the Lord Bellamont, Go' 
of new york, has a proclamaon from his matie for pardoning such 
pirats as shall surrender ymselves within a Certain time yrin men- 
tioned, (with an exception of Avery and kidd,) It was resolved that 
care be taken to obtain the Certaintie of the Contents of y° sd procla- 
maon, if anie such be, and that then further answer be given to the sd 
petion. 



SO* July, 1699. 

Att a Council Held att Philadelphia die Lunee, y" 30* day of July, 
1699. 

present: 
WILLIAM MARKHAM, esq^ Leivt. Governo'. 
Sam" Carpenter, David Loyd, Caleb pussey. 

Edward Shippen, 

Upon reading a Letter from Richard Halliwell, one of the Justices 
of the peace of y^ Countie of Newcastle, directed to the Leiut. Go- 
verno', in these words, viz: Honoured Go', Sir, This Comes to 
acquaint yo' Honour that this day was several evidences taken before 
me relating to several words & passages that happened upon y' 
water yesterday, betwixt M' Birch, Collector, & Several other per- 
sons in another boat, bound up the river. M' James Meinzies, being 
one that was accused for words 6c act, being this day in Newcastle, 



PROVINCIAL COUNCIL. 529 

was bound in y' sum of five liundrcd pounds, with securitie, for his 
appearance before yo*^ Hon' before the first day of Aug' next, to ans' 
to such matters as shall be objected ag' him. I have given M "■ Mein- 
zics a copie of the whole accusation, 'V Coll. Quarrie another, keeping 
the original my selfe, Leaving the prosecution of the matter to yo' 
Honor's discretion. I confess its a thing not practicable; but wee 
having no king's attornie, the Last provincial Court to prosecute 
what was there cognizable. Could see no way more Safe & expedi- 
tious than to referr y'' matter to yo"' Hon'. Sir, if you think reasona- 
ble to have the original affidavits, they shall be sent, when yo' Hon' 
Comands them from vour most Humble Servant. 

RICHARD HALLIWELL, Newcastle, 
July J' 27'", 1899. 

Upon reading the petition of James Meinzies of Boston, to y' Lt. 
Governo' & Council, Setting forth that hee being implojed by M" 
John Boreland cNi Jn° Maxwell of Boston, merts, to i-eceive several 
debts due to ym in these parts of America, & according to their Letter 
of attornie, hee received in west .lersie about 300£ due to ym. Which 
Sum yo' petitioner Carrying along with him in a boat, from the 
Lower parts of West Jersie to Philadelphia, where hee was to dispose 
of y* same for his Constituents, according to their order. One M' 
Birch of Newcastle, with 3 or 4 men more, Came out in a boat from 
Newcastle upon y" 26* of July instant, & came up with the boat in 
which yo' petitioner &, several others were, and demanded from whence 
they Came ; to whom it was answered from below ; & Birch asking 
what Loading was in y'^ boat, Hee was told there was none but 
Cloathes ; and hee desiring to know what was in the Chest that was 
in the boat, the same being opened, hee saw the monie, which yo' 
petitioner told belonged to M' Jn° Boreland, & tooke up one of the 
baggs iTiarked with I. B. and the sd Birch desiring ym to go with him 
to the key att Newcastle, which they could not do, both wind & tide 
being ag' ym; The petitioner told him hee was bound to Philadelphia, 
<k if hee pleased to Come on board hee might sec what was there ; 
and yo' per. being a stranger, & seeing neither the king's Jack on 
board wt sd Birch, nor anie power nor Commission hee had for stop- 
ing y° boat yo' per. was in. Wee turned our boat & came towards 
Philadelphia ; and the day after yo' petitioner being att Newcastle 
about his Lawll bussines. Upon informaon by said Birch to Justice 
Halliwell, ther wer several afflidavits taken, & yo' per. obliged to 
enter into recognizance for appearing befor the Honord Lt. Go' before 
y*" first of Aug' next; and tber being as yet no Crime Laid to y' peti- 
tioner's charge, nor anie pson appearing to accuse him, & a great 
part of the afifadavits being false, as yo' per. can make appear by the 
testimonies of psons of undoubted fame, who M'cr in y^ boat with him, 
and yrfor requesting y* Go' & Council, upon due Consideraon of 3-' 
premisses, to dismiss y*' per. & discharge his bail, and yor per. shall 
pray, fisc. 

Upon full debate on both. It was resolved that (in respect the said 
Justice Halliwell had not certified y" Complaint to y° Go' & Council) 
the sd James Meinzies should be bound with sureties, to appear before 

45 



530 MINUTES OF THE 

y* Go' & Council y' S'" ensuing, to ans"" y' same, and y' a wrant he 
issued from y' Lt. Go% under his hand & seal of y' province, requir- 
ing y'sd Justice Halliwell, & M' Mathew Birch, Collector of Newcastle, 
to appear before him & Council y' sd day, bringing wt ym y' original 
affidavits taken ag' y" sd Ja. Meinzies <fe the other psons yrin named, 
with all other papers, psons & witnesses relating to y' sd matter. 
Adjourned to y' 8"' of August next. 



Att a Council Held att Philadelphia, die Martis, 8''° of August, 
1G99. 

WM. MARKFIAM, esq', Leiut. Governo'. 

Sam" Carpenter, AVm. Biles, David Lloyd, 

Edvv"' Shippen, phineas pemberton, Caleb pussey, 

Henry Mallows, mess' of y^ Council, to whom y° abov sd warr' wag 
directed, did return y^ same to the Lieut. Governo' & Council, dulie 
executed. The sd Rich'' Halliwell & Mathew Birch (with Coll. Quarry, 
who told y^ Lt. Go' & Council y' he was Comanded by y' sd Birch, 
Collector, to appear wt him att this board on his maties behalfe) ap- 
peared, and sd Justice Halliwell delivered to y" board y" original affi- 
davits of Jacob Boditt, James Hunt, Si Harman peterson, taken before 
him, ag' Ja. Meinzcs, Ja. Howe, Ja. m'Colme, Edward Robinson, Jn" 

Hues & Tho. Rogers, two boatmen, & one , Boatswaine, of 

y" ship , Which having been read. The Lt. Go' told M' Birch, 

Collector, y* if hee had been abused in the execuon of his office by all 
or any of y* sd psons, the acts of navigaon did prescribe how, where 
& when, & by whom they should be tried, & y' it was not cognizable 
before this board. But since it was brought hither by mistake ofy* 
Justice in his duty, hee should have Libertie to prosecute y^ sd psona 
att anie Court in this governm', &. yet hee was readie to bind over so 
manie of ym as was in his governm' to answer y" same. 

To which y' sd M' Birch, Collector, replied that hee thought it not 
reasonable y' hee should prosecute ym att his owne charge. The 
Leiut. Go' advised him to Consider of it, & told him hee wold send y"" 
attornie general to assist him. The sd Birch went forth with Coll. 
Quarry to advise, who returning, desired that all these might be bound 
over wch are Contained in y" affidavitt, att y^ next Court of quarter 
sessions to be held att Newcastle, which was granted. 

Accordingly, y^ sd James Mcinzes recognized himselfe in 300£, 
and Charles Sanders, his securitie, in 200£, to his matie, that the sd 
James Meinzies should appear att y" sd Court y* sd day, 6i there ans' 
y' Complaint of y" sd Collector, & not depart y" Court wtout Licence. 

Then y* Lt. Go' desired y° mess' of the Council to Sumons Edward 
Robinson & James I^IcColme, to appear att this board to-morrow 
morning. 

Coll. Quajrj said, y' hee had Latelie been io Virginia & Maryland, 



PROVINCIAL COUNCIL. 531 

<& there had heard y' y' Go' there intended to seciiro y' psoas & 
effects of all psons suspected of piracie, Untill his inatics pleasure be 
further known, & y' hee had Consulted his Comission of Judge of y* 
admiraltie, tSc found y' notwtstanding y" Law past here by advice of 
the Honoblc y'^ Lords Comissioners of y" plantaons, ansrable to y* 
Jamaica act, y* hee had not power yrby of trying piracy, but had 
writt to Secrie Vernon yrof, & y' Lords of y" admiralty. And then 
he sd that hee himself was a Considerable trader in this province for 
himself & several others in England, & y' hee had some vessells now 
at sea on y' accot, & y' tho' hee expected some dayly, yet was afraid 
y- y' first news hee should hear of ym wold be that they wer taken by 
pirats, & y' they had of Late grown so numerous & insolent, that 
they spared not even his malies Chambers & ports where shipps of 
warr are numerous, & that they had Comitted several murthers on 
board his maties shipps of Warr. 

To all which the Lt. Go' replied, that hee had secured all that he 
could hcare of y' wer suspected of piracie, wt yr ell'ects, & had sent 
advice yrof to England, & y' hee wondered y' Coll. Quarry, by him 
self or his deputie, Robt. Snead, had apprehended two psons upon 
suspition of piracy, it had possessed ymselves of y' effects, & not 
trusting ym to y" Justice of this governm', (tho' apprehended in it) nor 
acquainted y*' governm' with it, Sent ym outt of it to West Jersie, 
which act of Coll. Quarrie's, or his deputie's, was by y'' Go^A; Coun- 
cil resolved not in y° power of ym to do, & a Contempt of this govern- 
ment. 

Upon reading the petion of Robt. Brandingham & Wm. Stanton, 
prisoners in y" Countie goal of Philadelphia, upon suspition of piracy, 
setting forth y' y' estates wer seized & detained from ym, tho' nothing 
had been proved ag' ym, & yrfor requesting they may be discharged, 
<fc yr monies & goods restored to ym, or admitted to a speedie trial, & 
in y° meantime to be allowed bail for y' psons &. estates. 

The Lt. Go' &; Council being informed y' notwtstanding y' pers. 
wer Comitted Close prisoners, yet they went att Large about y' town. 
Jn" Claypoole, Sheriff, appeared, &; y' Lt Go' acquainted him y' great 
notice was taken & Complaint made y'Rob' Brandingham &Wm. Stan- 
ton, who had been Comitted prisoners to y' Countie goal of Philadelphia 
upon suspition of piracie, had threat Libertie, &; went about the streetts 
verie often att Large. To which the sheriff replied, that they never 
went wtout his Leave, & a keeper, wch hee thought might have been 
allowed in hott weather. 

Whereupon the Lt. Go' strictlie charged him that those persons y' 
had been Comitted for suspition of piracie & other felonious acts^ 
should be keept Close prisoners, *k y' hee be verie vvatchfuU y' they 
make not y' escape, to y' scandal of y' governm'. 



53:.' MINUTES OF THE 

[O'" August, 1699. 

Att a Council Held att Philadelphia die Mercury, 9'" August, 
1699. 

WILLIAM MARKHAM, Esq'. Lieut. Governo'. 

Sam'' Carpenter, phineas pemberton, Caleb pussey. 

William Biles, David Lloyd, 

According to an ord' of Council y^ 8'^ instant, appeared Edward 
Robinson & John McColme. The Lieut. Governo' told ym y' y' had 
been afRduvitts taken ag' yin & some others, before Justice Halliwell, 
for abusing M' Birch, Collector of Newcastle, in the execuon of his 
office, & y' it was y'^ sd Collector's desire y* y" psons in the sd affida- 
vitts named should be bound over to ans' his Complaint att a Court of 
Quarter sessions to be held att Newcastle y° 15"" instant. 

Accordinglie the said Edward Robinson recognized himself in 
300£, & Ja. M'Colme, his securitie, in 200£, to his Matie, y' sd Ro- 
binson should appear att sd Court y'^sd day & ans' y'' sd Complaint, 
& not depart Court wtout Licence. 

As also, y" sd James M'Col'me recognized himself in 300c£, & Edw** 
Robinson, his securitie, in 200=6, to his Matie, y' y^sd James M'Colme 
should appear att sd Court sd day, & ans' y" sd Complaint, & not 
depart y^ Court wtout Leave. 

Upon reading the petion of David Evans, setting forth that having 
been imprisoned in y" Countie goal of Philadelphia about 18 mo's. 
past, upon suspition of piracie, for which hee had been tried & acquit- 
ted in England, as by y" oathes of several psons had been made ap- 
pear, Which if not thought sufficient, the petitioner could produce 
others that were att his trial, y' could wittness y^ same ; And yrfor, 
desiring this board to Consider his Long confinement and relieve him. 
Itt was the opinion of the Lt. Go' & Council, that y*" per. has had time 
enough since his confinement to procure Certificats from England of 
his trial & discharge, and y' in ans' to his petion, when y" manner, 
innethod & time of y" trial of him & others, suspected of piracie, shall 
be concerted & agreed on, Hee should then, with others, have such 
relief as the Law allows. 

Upon reading the Complaint of some of the inhabitants of New- 
castle town to y° Go' & Council, in these words: Wee, the inhabit- 
ants of y' Countie of Newcastle, humbly psent,y' whereas, about y' 
end of Aug', 1698, a Company of pirats To y"" number of about 80, in 
a ship, Came wtin the Capes of Delaware, went ashoar & plundered 
y" town of Lewis, Carving away what they pleased, & had a design to 
come up to y° town of Newcastle to do y" Like, but accidentalie meet- 
ing with a ship in y" bay which brought passingers from Holland, 
whom they forced to furnish ym wt provisions & other necessaries, 
otherwise they wold have seized her; And Likewise, since the 20"" of 
June Last past, the briganteen Sweep Stakes, belonging to Col. Webb, 
Late Go' of providence, ryding before y^ town of Newcastle, mounted 
with six guns, ritchly loaden, ready the next day to sail for England, 
was in the night time, by y^ vessels Compa. of sailors & others, ta y' 



PRCVINCIAL COUNCIL 535 

[22-^ DecemV, 1699. 

Att a Council Held att philudclnhia die Veneris, 22*^ Decemb', 
1699. 

WM. PENN, pror & Go', et ysdem ut antea. 

The mess' of the Council acquainted ym y' Anthony Morris, one of 
the Justices oi* peace for philad. County, desired admittance, which 
being granted, said That hee had for some years past served y° king 
& Country as such to his great trouble & private detriment, and 
then delivering to ym 4 paps, relating to y' goods of one Robt. Adams 
of Boston, y' in June, 1698, had been seized by the king's Collectors 
here, & by ym, by a warr' from sd Coll. Quarry, delivred into y" 
hands of Robt. Webb, marshall of y"" admiraltie, & wch had been 
(by a warr' of replevin signed by him, sd Anthony) replevied and 
taken outt of the hands of sd Marshall, And yrfor, y' hee now came 
befor ym to Lay down, & did lay down, his Comission of Justice ; 
and further said, y' hee granted & signed y"" sd replevin in psuance 
(as hee thought) of his duty, believing hee was in the right, & y' hee 
was induced yrto by advice of those that hee thought wer v/ell skilled 
in y" Law, wlio told him y' it was the priviledge of the subject ; and 
further said, y' hee had no interest in the owner nor goods, nor no 
self by nor sinister end in so doing. 

To whom the pro' & Go' made ans'. That his signing y' sd reple- 
vin was a verie indeliberate, rash & (in his opinion) unwarrantable 
act, which hee, sd Anthonie, could not justifie, & yet hee wold be so 
farr from Justifying itt, that tho' hee could not deliver back Into y° 
hands of y" admiraltie y" sd goods, (they being long since delivered to 
the supposed ower, on securitie given to the Sheriff,) yet he wold de- 
liver into y° Judge of y" admiraltie's hands, & into y" power of y' 
Court, the 2 invrics & appraismts of sd goods, & y" obligaon given 
by sd Adams & his sureties to y" Sheriff of philad, for 32711. 8s. 6d 
Then sd Anthony was desired to withdraw ; which hee did. 

Upon notice given yesterday to Coll. Quarrie, hee this day appeared, 
To whom the pror. & Go' having opened his, the Council (Scgovermts 
most sincere intentions, by all Law" means, to discourage, discounte- 
nance &, severely punish piracy & Illegal trade, Hee desired y° sd 
(!!oll. to be assistant in proposing such expedients as might be most 
Conducive yrto, & y' hee & all others the king's officers & y° govmts', 
might go on hand in hand in securing the king's interests in this 
govm'. To wch y" sd Coll. ansred, y' the matter being vveightie it 
required thought, & y' after some consideraon, hee wold propose to 
ym what in his opinion wold be most elVectual for these ends. 

Then y^ pro' &, Go' deliverd to sd Coll. Quarry 4 paps, relating to 
the sd replevin, telling him y' tho' y' goods in kind were Long since 
delivered to y'^ ptended owner, & so outt of his power, yet hee deli- 
vered to him the Invrie, 2 appraismts, & sd Adams & His sureties 
obligaon for y' sd sum, & desired y" secrie to take Copie of sd 4 paps, 
wt Coll. Quarrie's reccit for y" same, to remain on y' file of minutes 
of Council. 



586 MINUTES OF THE 

Upon reading the petion of Robt. Brandingham, prison' in y' Countie 
goalof philad, upon suspition of piracic, setting forth his Hardship by 
being confined in these Cold nights to a Low room, wtout fire, <fc for 
wantofmonie to support him; And therfore desiring to be allowed a 
warmer room, dc a Little of his owne monie (hee having a Consider- 
able sum in y° Late Lt. Go' Markham's hands) for his subsistence. 

Ordered y' sd Coll. Markham Let y^ per, or his ordr, have 12s. 
weeklie to subsist on. 

Adjourned to 1'' January, 1699-1700. 



[PENNSILVANIA, SS. lO'HIay, 1693. 

Att a Council Held att Philadelphia die Mercury, IG* May, 1699. 

TRESENT : 

WILLIAM MARKHAM, Esq', Lieut. Governo'. 

The Sheriff of the Countie of Philadelphia his Return of repsenta- 
tives for Council was produced, qrby it appeared that there wer elected 
Sam" Carpenter & Edw*^ Shippen, Who appeared. 

The Sheriff of the County of Bucks His return of repsentatives for 
Council was produced, qrby it appeared that there. wer elected phinehaa 
pemberton & Wm. Biles ; y" last appeared. 

The Sheriff of the County of Chester his return of repsentatives 
for Council was produced, whereby it appeared that there wer elected 
David Lloyd & Caleb pussey, who appeared. 

, The ShoriiFof the County of Newcastle His return of repsentatives 
for Council being called for, The Secrie produced a Lett' from Joseph 
Wood, then Sheriff'ofthe sd County, dated 13'" March, 1698-9, di- 
rected to him, wt half a sheet of paper, all blank; and in the Letter it 
was said: "I here inclosed send you the return of tlie names of the 
" Council & Assembly men Chosen here the lO''*" of this instant. To 
" S'^® y*^" ^"'^ reason for such an election is beyond my pov.er ; 
" Have had no discourse with anie of the electors about it." 

The SheriiTof the Countie of kent his return of repsentatives for 
Council was produced, whereby it appeared that ther wer elected 
Wm. Rodeney & Richd. Willson, who appeared. 

The Sheriff of the Countie of Sussex his Return of repsentatives 
for Council was produced,whereby it appeared that there wer elected 
Wm. Clark and John Hill, who appeared. 

The sd Wm. Biles, Sam" Carpenter, Edw" Shippen, David Lloyd, 
Caleb pussey, & Wm. Clark, did subscribe the declaraon of fidelity, 
The profession of the Christian belief & the test, & took their places 
att the board 



PROVINCIAL COUNCIJ.. 533 

number of 13, piratically taken away, foure of which vessells Compa. 
wold not Consent to y° said piracie, so war sett on shore. All which 
•wee are verie sensible of and know, the greatest encouragments to 
such attempts hath been & is the incapacitie Avee are in to prevent 
the Like, Having neither fort, castle nor breastAvorke, to Comand anie 
ship or vessell ; no militia, arms, nor ammunition to make use of on 
anie occasion ; And It is also manifest unto us, that the same Unlaw- 
full <Ss piratical practice may be as well putt in practice any time of 
y' day, tho' it be 100^ miles up y' river, as in the dead of the night, 
here being no provision to prevent y" same, so y' both our Lives, 
Liberties and estates, have hitherto Lyen open, & still do remain de- 
fenceless &. void of protection, & ever exposed to y'^ wills of such 
mercieless wretches, who are a plague to all honest endeavours & a 
Contmual terror to our peace & tranquillitie, which wee humbly referr 
to yor Serious Consideraon, & of I'ight desire y* such care may be 
taken y' o' Lives and estates may not remain in such Imminent 
jeopardy and danger, but y' wee may be defended as his maties Law- 
full subjects : subt. by 25 psons of y* sd town. 

The above petion having been read and Considered, It is the opinion of 
this board that whatever encouragnV pirats may take by o"^ not having 
forts &L castles, &c. Wee find y' bolder attempts than what is in the 
wtin petition instanced, has been made wtin ports of great fortitude 
and strength, even in those places (as wee are informed) Called the 
king's chambers, where shipps of warr are numerous; and this board 
does not understand that the forts of Virgmia & Marie Land, wch 
are Colonies of Long standing, and 'inhabited by psons of great es- 
tates, & bring vast revenues to the Crown, are much more formidable 
than the fort of Newcastle hath been, & if it's now delayed, the In- 
habitants of y' place are accountable for it. And if this Countrie wer 
able to build great Castles & forts of strength, yet if y" people are 
not also able & capable (as they are not) to maintain such posts. It is 
y' opinion of this board, that it may prove more prejudicial to y* king's 
interest, & Hazardous to his subjects here, then if there be no such 
fortresses. And as for a Militia, it is the opinion of this board that 
its a more proper subject for the Consideraon of a general Assemblie, 
where the petitioner's m.ight have taken y' opportunitie to propose it 
in May Last, had they & the rest of the Inhabitants of Newcastle 
Countie, done yr dutie in electing & sending y' repsentatives to assist 
eV. 'advise y° Go' att y° said Assembly, in things pertaining to the 
king's servire, & good & saftie of y* govern', which thev obstinatle 
refused. 

Upon reading the petion of Sam" Hadden to y^Lt. Go^ &l Council, 
setting forth y' hee v/as encouraged in England by Sam" Cart, that if 
hee Could procure him 17 passingers for pennsilvania, y' then hee 
should have his owne passage free, <k his wife's A: 4 children's for 
15£ St. they taking up but two Cabbins & in one mess ; Upon which 
encourgm', y' petitioner having disposed of his eflects, brought them, 
with his familic and 17 passingers, to Bristow, a Journie of 70 miles, 
& putt his goods on board by sd Cart's order, paid in the 1511, and 

45* 



534 MINUTES OF THE 

that afterwards y' said Cart wold not suffer y* pers. wife nor children 
to go on board unless hee wold first pay 511. for his owne passage, 
and as much for each one of his children; and y' yrupon y"" per. de- 
manded his goods ashoare again, wch Cart denied him ; and y' y' 
per. liaving but three pence Left, was forced to sell his children, one 
for nine & the other for tenn years, or else stay in England, when 
his whole substance was Caried elsewhere ; And yrfor Requesting y* 
Go' & Council to Order His Children to be returned him, or else 
y'they order him saiisfacon some other way. Sarri" Cart appearing 
and having heard y" sd petion read, & after a tedious dispute on y' 
matter between the per. and the sd Sam" Cart, They both submitted 
y" difference to y' Lt. Go"" & Council (the per. being poor & not able 
to go to Law.) 

Whereupon, it was ordered y' the sd Sam" Cart do return to y' sd 
Sam" Hadden his son Adam Hadden, tiz; y' the sd Sam" Hadden give 
securitie to Sam" Cart to pay him eight pounds, and y' y" said Sam" 
Cart allow to James peters of Bristow, lOli. 10s. in Bristow, inCon- 
sideraou of his Laying down 51i. 10s. in Bristoll for y° sd Adam 
Hadden's passage, att y° sd Sam" Hadden's request. 



[2r' DecemV, 1699. 

Att a Council Held att Philadelphia die Jovis, 2P' 10'" Mo., Decem- 
ber, 1699. 

present: 
The Honble VVM. PENN, Absolute Proprietor & Governo' in Chief 
of y* province of pennsilvania and the territories yrto belonging. 
Edw'' Shippen, Caleb pussey, Wm. Biles, 

Sam" Carpenter, Wm. Clarke, David Lloyd, 

Pat. Robinson, Secry. 

The pro'r & Go' Having repsented in Council the resentm' of o' 
supiors in England, of the Countenance said to be given here to 
piracie & illegal trade, as by accot from some of the king's officers 
in these pts is suggested. 

It is Resolved, y' a proclamaon be forthwith Issued for discour- 
agm' yrof, & y' further expedients be thought on concerning y' same, 
<St that Coll. Quarry, Judge of the admiraltie, have notice to attend 
this board att the 3' lioure to-morrow, p. m. to ofTerr what hee may 
think fitt in y' behalf. 

Adjourned to y* 22'' instant, hora 2^a p. m. 



PROVINCIAL COUNCIL. 537 

Tlie sd Jn" Hill, Wm. Rodeney & Rich"' Wilson took the oaths 
appointed by act of parliam' to be taken instead of allegiance and supre- 
macie, & subt. the test, dt took y'' places att the board. 

AND THEN WER PRESENT, viz : 

William Biles, David Lloyd, Richard Wilson, 

Sam" Carpenter, Caleb pussey, William Clark, 

Edward Shippen, Wm. Uodeney, John Hill. 

The Sherifl" of the Countie of Bucks his Return of Repscntative3 
for Assembly was produced, whereby it appeared that there wer 
elected John Surkett, Enoch Yardley, Jn" Swift & Rich'' Hough. 
The first two appeared. 

The SherifTof the Countie of Philadelphia his Return of Repsenta- 
tives for Assembly was produced, whereby it appeared that there 
wer elected Anthony Morris, James ffox, Isaac Norris, Jn^ Bevan, 
who appeared. 

The SherifT of the Countie of Chester his Return of repsentatives 
for Assembly was produced, whereby it appeared that there wer 
elected John Bhmston, Robert pile, Jn° Worrola & Robert Carter, 
who appeared. 

The SherifTof the Countie of kent His Return of Repsentatives 
for Assembly was produced, qvby it appeared that there wer elected 
John fibster, Tho. Sharp, Henrie Molleston, &, James Brown. The 
first two appeared. 

The Sheriff" of the County of Sussex his Return of repsentatives 
for assembly was produced, qrbv it appeared thut there wer elected 
Wm. Biles, Wm. Ifisher, Nehemiah fheld & Wm. Dyre. The first 
three appeared. 

The sd Jn' Surkett, Enoch Yardley, Anthony Morris, James ffox 
& Isaac Norris, Jn° Bevan, Jn° Blunston. Rob' Pile, Jn" Warrila, 
Rob' Carter, VV^m. Piles, John fibster, Tho. Sharp, Wm. fl:isher & 
Nehemiah ffield, did subscribe the declaraon of fidelitie, profession of 
the Christian belief & the test. 

All which members of Assembly that wer Returned and appeared' 
being thus qualified. The Lt. Go^ said: Gentl, I desire you to go 
together &: choose yo' Speaker, & return him to mee in Council as 
soon as you can. Who departed. 

The Go' Ordered the Secrie to write a Lre to Jn" Swift & Rich 
Hough, to Command ym to make y' appearance in Assembly, Which 
hee did. 

Adjourned to the ll"" instant, &c. 



[11'" May, 1699. 

Att a Council Held Philadelphia die Jovis, y° U'" May, 1699. 



638 MINUTES OF THE 

present: 
WM. MARKHAM, Esq'. Leiut. Governo'. 
Sam" Carpenter, David Loyd, Rich'* Wilson, 

Edw"* Shippen, Caleb pussey, Wm. Clark, 

Wm. Biles, Wm. Rodeney, John Hill. 

John Swift & Rich** Hough, two of the members of Assembly for 
Bucks Countv, appeared & sub', the declaraon of fidelitie, professioa 
of the Christian belief, & took the test, and wer sent to the House of 
representatives. 

Anthonie Morris & Nehemiah ffield, acquainted the Lt. Go' & 
Council that the members of Assembly wer ready to wait upon him. 
The Lt. Governo'' &> Council, Returned that they wer readie to re- 
ceive ym. 

Then Jn" Blunston, accompanied by all the repsentatives of As- 
sembly, acquainted the Lt. Go' that they had made choice of him for 
tlieir Speaker. The Lt. Go' replyed that hee was well satisfied with 
their choice. 

Then the Lt. Go' said : M' Speaker & you [gentlof the Assembly, 
Before wee go upon anie other bussines, I think it meet that you 
inquire into the reason of the absence of Several members of yo' 
house, & wee shall do the same here, and I shall signify to this board 
what I know in relaon to the sd absence, and if you think fitt, I shall 
appoint a Comittee of the whole members of Council to join a Comit- 
tee of the whole members of Assembly, to be a grand Comittee, to 
inquire Into y" same. The Assembly departed. 

Then the Lt. Go' read a Letter fromMajor Jn" Donaldson, of New- 
castle^ directed to Him, dated y' 18'" April, 1699; & another dated 

the day of , 1699; & Recomended ym to the Con- 

sideraon of the said grand Comittee. 

The messenger was by y" Go' sent to y' Assembly, desiring ym 
to send two of their members to him in Council. Jn" Bevan & An- 
thony Morris came. 

The Lt. Go' told ym that hee intended to resolve the whole mem- 
bers of Council Into a Comittee, to Join a Comittee of all y' members 
of Assembly, to be a grand Comittee, to inquire Into & Consider of 
the reasons of y^ absence of some members of Council & Assembly, 
& of y' sd 2 Lres, and desired the Assembly to do y'' same. 

It was ordered that the whole Council resolve itself into a grand 
Comittee to Join a Comittee of all y" assembly, to inquire into & con- 
sider of the absence of y" sd members & of y" sd Lres, As to make 
report^to this board to-morrow morning. 

Adjourned to y* 12"" instant. 



[12* May, 1699. 

Att a Council Held att Philadelphia die Veneris, 12* May, 1699. 



PROVINCIAL COUNCIL. 539 

PRESENT : 

WM-. MARKHAM, esq', Leiut. Govcrno', & all the members ut 

antea. 
Wm. Clark, Chairman of y' sd grand Comittee appointed to 
inquire into & Consider the reason of the absence of so manie men:- 
bers, made report in writting, viz : The Letters from John Donaldson 
directed to thy self, as also that of Joseph Wood, directed to the 
secrie, wch wer recomended to our Consideraon, wee have perused, & 
do resent y° same as a great indignitie & High misdemeanor ag' y* 
governm', as also that the wtstanding, preventing or discouraging oi 
elections ofrepsentatives for Council dj Assemblie, is of verie ill con- 
sequence, & may tend to the subversion & overthrow of the frame & 
constituon of this governm', &; prove destructive to the rights &, Lib- 
erties of the freemen & inhabitants thereof. Therfore, wee are of 
opinion, y' y' sd Jn" Donaldson & Joseph Wood ought to be forthwith 
sent for, to ans' y*' premisses before this general Assembly, and y' 
some suteable provision be made this sitting to pvent such miscar- 
riages for y' future. WM. CLARK, Chairman. 

THen the Lt. Go' resolved the Council Into a Comittee to join a 
Comittee of Assembly, to hear the defences of y° sd Jn" Donaldson & 
Joseph Wood, who casually wer in town, to-morrow morning, & de- 
sired John Hill &r Richd Wilson to acquaint the Assembly yrof, & 
the messinger to acquaint y' sd Jn" Donaldson & Joseph Wood ther 
with. 

Adjourned to the 13* instant. 



[IS"" May, 1699. 

Atta Council Held att Philadelphia die Sabbathi, j' 13* of May, 



i&99. 



WM. MARKHAM, esq', et ysdem ut antea. 

Phineas Pemberton, a member of Council for the Countie of Bucks, 
appearing, subt. the dcclaraon of fidelitie, profession of the Christian 
Ijelief & the test, and took his place att the board. 

The Comittee of Assembly, viz: J n" Blunston, Speaker, Anthonie 
Morris, James ffox, Richd Hough, Thomas t?harp & Wm. Piles, 
came (att the Go" request) into Council, and major John donalson 
being called and appearing, and the above said Lre of 26''' of April 
having been read, Flee made ans' that hee wrote it to the Go' as a 
private pson, & did not think it wold be exposed, & y' hce intended 
no reflection nor ill to the governmt yrby, & did assure that he ever 
had been & was then verie affectionate both to the proprietor & His 
governm' & y' Lt. Go'. The Lt. Go' and Council taking this ans' Into 
Consideraon, dismist him. 



540 MINUTES OF THE 

Joseph Wood being called & appearing, the said Lett' of his to the 
secrie Having been read, & the blanck half sheet of paper shown 
him, Hee made ans' that liee intended no aflront to nor slight of the 
governm', but what hee wrote was only jocular, & was sorrie that 
hee had given ym any oifence yrby ; which answer being (Consider- 
ed, hee was dismist. 

Adjourned to 15"" instant. 



[15"" May, 1699. 

Att a Council Held att Philadelphia die Lunae, 15"" May, 1699. 
present: 
WM. MARK MAM, esq', Lt.Go', et ysdem ut antea, & pliinehas pem- 
berton. 

Anthony Morris & James Fox, from the House of Representatives, 
requested the Go' wold appoint a Comittee of the Council, to join a 
Comittee of Assemblie, to consider of y^ amendment of some laws, 
& the making some new ones. 

Resolved y' the whole members of Council be a Comittee to join 
a Comittee of y^ House of repsentatives to consider as is desired, & 
to make report. 

Upon reading the potion of Lassey Cock to the Lt. Go' & Council, 
about some money due to him, Itt was recomended to y^ assembly 
for y' allowance. 

Upon reading the potion of Charles Sanders & other merts, about 
prohibiting skins to be caried out of this into any other province, as 
also y^ franckford petion about Hoggs ; Both wer recomended to 
the assembly. 

Upon reading the memorial of M' Duncan Campbell, attornie for 
Coll. Andrew Hamilton, about y^ Sallary of 2011 due to him for sup- 
port of the post, for y" year 1698, The same was by y' Lt. Go' & 
Council sent to the house of representatives, to be by ym allowed as 
a debt due by the governm'. 

Adjourned to 17"' instant. 



17* May, 1699. 

At a Council Held att Philadelphia die Mercury, 17^ May, 1699. 



present: 



WM. MARKHAM, esq', ct ysdem ut antea, except phineas pem- 
berton. 



PROVINCIAL COUNCIL. 641 

VVm Clark, Chairman of the grand Comittee of Council «fe assem- 
blie, appointed to consider ut supra, made report to the Go"' &, Coun- 
cil that they had proposed several amendments of some laws & some 
new ones to be made, which the members of Comittee for Council 
Left to the repsentatives of Assembly to be drawen up into Laws. 

Anthony Morris & James ffbx brought some bills from the house 
of repsentatives to the Lt. Governo' & Council for their assent. 

John Swift & Isaac Norris brought some more bills from the sd 
house to the Lt. Go"" & Council for their assent, which with the 
former, wer read, considered & amended, <fc sent back to the house of 
repsentatives, vvt y'' rexive amendments. 

Adjourned to the 18'" instant. 



[18* May, 1699. 

Att a Council Held att Philadelphia die Jovis, 18'" of May, 1699. 
present: 
WM. ]\iARKHAM, Esq% Leiut. Governor. 
Sam" Carpenter, David Lloyd, Rich^ Wilson, 

Edward Shippen, Caleb pussey, Wm. Clark, 

William Biles, Wm. Rodeney, John Hill. 

The Lt. Go"^ desired Wm. Biles & David Lloyd to acquaint the 
Assembly that Hee & Council waited for ym ; Who returned that 
they wold forthwith attend him. 

The Assembly appearing, ]\r Speaker psented to y' Go' & Council 
ten Laws wch had past their house. The Lt. Go' told ym Hee wold 
cause ym to be read & considered. 

After reading of all the sd Bills three times by the secrie, They 
wer by y° Lt. Go' & Council approved of and assented to. 

The first entitled, An act concerning elections of repsentatives in 
Council & Assemblie. 

The S"*, The Law for the continuation of an act entituled The Law 
for the speedie Collecting the arrearages of the assessment Laid in 
the year 1696. 

The 3^, An act for raising the rate of one penny p. £, & six Shills 
p. head, &c. for the support of y" govern' & the paym| of the debts 
&c defraying the nccessarie charges yrof. 

The 4"', The Law for regulating bread, flower, & tobacco casks to 
a certain guage, the better to inforce a Law made in the year 1693, 
entituled The Law about casks & packing meat for transportaon. 

The 5"", The Law ag' pirats and privateers. 

The 6*^, The Law for Impowering the Justices in each Countie to 

46 



542 MINUTES OF THE 

Lay outt & Confirm all roads except the king's high-ways & pub- 
lick roads. 

The 7"", The liaw for regulating ordinaries. 

The 8"', The Law for appointing an officer to rectifie & stamp all 
money weights. 

The 9*, The Law to prevent the Running of Stone Horses att 
Large. 

The 10'", The Law about attachments & Sumons. 
. All which wer by the Lt. Governo' and Council approved of. 

Then y' Lt. Governo' desired John Hill & Wm. Rodeney to ac- 
quaint the Assembly that Hee and Council waited for ym. The 
Assemblie appearing, 

The Go' desired the Secrie to read over all the sd ten bills, wch 
hee did ; and then underwrote each bill in these words, viz : The 
18"" day of May, 1699. This bill being three times read, was as- 
sented to by the Lt. Go"" & Council, and then the Go'' past ym all 
One after another, by afiixmg yrto his hand, & Seal of y' province. 

Then the Lt. Go' ask't both Council & Assembly whether they 
had prepared anie other bills for his assent, or whether they had anie 
other bussines for this time, who answered No. Then the lit. Go' 
said: Gentl, I do dissolve you, ii you are hereby dissolved. 

The end of the Sixth sessions of Council & Assembly. 



[1" January, 1699-700. 

Att a Council Held att Philadelphia die Lunce, 1'' January, 1699- 
1700. 

PKESENT : 

WM. PENN, pror ^ G'ovcrno', ct ysdem ut antca, except V\'m. 

Biles. 

The pror &i Qo^ Having proposed to y" Council the necessitie of 
callin<T a gcnrll Assembly, qrin to take further measures for pre- 
venting & suppressing piracie & illegal trade ; And after some debate 
yron, Hee desired ym to consider of it, & to be rcadie next Council 
to give him y' best advice yrin. 

The pror & Go' also proposed that there might be a certain day in 
y° weeke fixed to hold Council on. 

Resolved y' y' Council meet on y' 4"" day of each week, 10 A. M. 
&; oftener if occasion be. 

Adjourned to 3^ instant. 



PROVINCIAL COUNCIL. 543 

3'* January, 1699-700. 

Att a Council Held att Philadelphia die Mercury, 3'* January, 
1699-700. 

PRESENT : 

WM. PENN, pror. and Governo'. 

Sam" Carpenter, David Lloyd, Wm, Clarke. 

Edward Shippen, 

The pror. & Go' acquainted the Council y' hee had re'd. from Rt. 
Turner, G' Jones, Fr. Rawle & Jos. Wilcox, a pap. directed to Wm. 
Markham, Late Lt. Go'', qrin they complained to him y' by y" Late 
frame of govm' they had been deprived of the benefit of y" old Char- 
ter, Wheron it was thought convenient y' they, in Name of ymselves 
& others, might be heard befor y° board. 

Ordered y' y" Mess' acquaint sd psons, in name of ymselves & 
others, to appear befor y^ Go' &c Council y° 4"" instant, Hora 10, A. M. 

Adjourned to 4"' instant. 



4* January, 1 699-700. 

Att a Council Held att Philadelphia die Jovis, 4"" January, 1699- 
700. 

PRESENT : 

WM. PENN, pror. & Go% et ysdem ut antea. 

Accordingly y' sd 4 psons appearing, & after a Long conference 
with ym. The pror. & Go' desired y' by to-morrow morning they 
wold deliver to him in writting, such expedients y' might be an acco- 
modation between y' old charter & the Late frame. 

Adjourned to S"' instant. 



5* January, 1699-700. 

Att a Council held att Philadelphia die Veneris, 5* January, 1699- 
700. 

present: 
WM. PENN, pro' & Go', et ysdem ut antea. 

Thesd 4 psons again appearing, To whom y' pror. & Go' having 
resumed y° substance of what had yesterday past, & having advised 
y' members of Council & ym to peace «Sc modcraon, Hee admitted ym 
to a friendlie conference. 

Then y' sd 4 psons desired y' sd paper wch they had formerlie pre- 
sented toy' Late Lt. Go' as y' agrieyance, & to y° pror. 6i Go' since 



544 MINUTES OF THE 

his arrival, wherein was Contained y" substance of y objections ag' 
y" late frame, might be read, which was done by y'^secrie ; as also a 
copieofa Lett' from R' turner, Gri. Jones, Fr. Rawle &, Ar. Cook, of 
9'" 2' mo. 1697, to y' pror. &; Go'; which was also done. The sd 4 
psons also delivered to y" pror. & Go' a pap. of o"" instant, in ans' to 
)iis yesterday's proposal, desiring it might be read; wch was done. 
The substance qrof was. That psuant to y'' pror. & Go" proposal 
yesterday, they were humbly of opinion, y' if hee wold be pleased to 
cause be elected on 10"' March next, such members for repscnta- 
tives for Council & Assemblic, as is prescribed bj the Chart' hee 
formerlie granted ym, who might Conveen nccordinglie, &. together 
wt himself, Settle y° govermt in such manner as to him & ym (or att 
Lest to 6 pts in Seven) should seem expedient, y' such settlement will 
be most satisfactorie to the well effected, who, they reasonablie hope, 
will, wt ymselves, peaceablie & joyfullie acquiesce yrin, & wch is- 
Humblic offered to y" Gor's prudent consideraon. 

After much debate yrupon, The Go' caused the Secrie read a Lett' 
from y" Lords Justices, Viz : Tho' Cantmars: pembrokc : p: Lonsdale, 
p : Devonshire, Bridge water, Marlburrough, Montague, directed to y' 
j)ror. & Go' of y' province of pennsilvania, dated 25"' July, 1699. 
The substance qrof was particularlie to require him to be verie Careful I 
in Causing the acts of trade & navigaon to be dulie putt in execuon 
wtin his matjes dominions undr his govrmt, & that in order yrto, Hee 
faill not to give Constant protection & all due cncouragm', not onlie 
to the officers of his Matjes Customs, but to those also of y^ Admi- 
ralties, wch his Matj. has thought fitt to be there erected in the dis- 
charge & execuon of yr rexive duties, as hee will ans' the Contrary. 
Then y" pro' <fe Go' said, that hee hop'd they are now all sensible of 
the emergencie 6c necessitie hee was und"^ of calling an Assembly 
forthwith, qrby hee might the better compile wt the Lo's justices 
comands, &, with the promises & assurances hee had given ym att 
his Last parting w' ym, to use his outmost endeavour to maintain & 
support the king & Crov\'n of England's just interests, & to give true 
protection & encouragm' to all his officers, & to discourage piracie 
&, illegal trade. The sd 4 psons declared ymselves satisfied with 
the emergencie & necessitie of calling an assemblie forthwith, to the 
ends aforesaid ; but as to y^ manner, whether by writt or otherwise, 
they Left that to the prudence 6i, discretion of the Go' and Council. 

Adjourned to y' 8"' instant. 



8'' January, 1699-700. 

Att a Council Held att Philadelphia die Luna?, 8"" January, 1699- 

roo. 

PRESEIVT : 

WM. PENN, pro' 6c Go', et ysdem ut antca. 
pursuant a minute of Council of 1" instant, y' pror & Go' desired 



PROVINCIAL COUNCIL. 545 

the Council to give him yr opinion about calling an Assemblic for y* 
ends in y' sd minute menoned : Itt was Resolved, That y" gn" ass. 
meet att philad. 25"" instant, & y' a writt be issued directed to the 
sherif of Newcastle Countie, to choose repsentatives : 2 for Council 
& for ass. who, y° tenth March Last, omitted to make an election : 
And y' y' secry give notice hereof by an express, to y' Sheriffs of 
y' other 5 Counties, to acquaint yr repsentatives to appear accord- 
inglie ; Saving to y' pror & Go"' y' same power hee had before y* 
enacting of y' Late frame of governm'. 
Adjourned to 24"" instant. 



[24'" January, 1699-700. 

Att a Council Held att Philadelphia die Mercury, 24* Januarie, 
1699-700. 

TRESENT : 

WILLIAM PENN, pror. & Governo'. 

Sam" Carpenter, David Lloyd, Wm. Clarke. 

Edward Shippen, Caleb pussey. 

The Mess'' of the Council acquainted ym that Coll. Quarry desired 
admittance ; wch being granted, Hee desired Anthony Morris might 
be called bcfor hee spoke, wch was done. Hee appearing. Coll. 
Quarry said, That in the pror. & Gor's absence, many abuses had 
been Comitted, (qrof hee was in duty obliged to Complain home, 
but was glad to see him since his arrival discountenance y* same, 
and provide better agt y* like for the future,) & y' goods that had 
been imported Contrarie to y^ Laws of trade, had been seized by the 
king's Collectors, & put in his m.ajes store, and y' before trial, An- 
thonie Morris signed a writt of replevin, qrby the sd goods wer for- 
ciblie taken out of the sd store, & outt of the power of the Court of 
Admiraltie, & what came of ym the sd Anthcnic best knew. That 
this his action, was no Less then to Question whether his Matic or y' 
sd Authonie has most power. The act of parliam' is for us, & hee 
cannot pretend ignorance, having been so Long a .Justice y' hee be- 
came verie insolent, & by this his action, hee has affronted y" king, 
(what in him Lay,) &. has broken his Laws &, invaded his privi- 
ledgcs & Courts, And yrfor, desired the pror. & Go' wold order y'sd 
Anthonie to restore y" said goods into y' power of the Admiraltie 
again, &, y' securitie liad been taken by y^ sherif for y' value of y' sd 
goods, according to appraism", & y' the Security refuses to pay y° 
monie, {6z y' Sherif y' took y* bond is now Laid aside,) & y' it is 
unreasonable y' y' king should bo putt to y° trouble & charge of a 
sute to recover the appraised value of y' sd goods, (wch sd An- 
thonie had illegallie taken away out of y' king's store.) Therfore, 
desired his Hono'd; Council, to think of a method of prosecuting sd 
Anthonie for y' sd violaons, & to make good y' sd apprised value of 
y' sd goods to y' king. 

46» 



.546 MINUTES OF THE 

The sd Anthonie made ans% that his signing the sd replevin was 
an act of ignorance, Sl not of malice ag' y' king, his Laws &, officers, 
y' hee was psuaded to it by advice to ym y' knew y'' Laws, & yrfor 
hop'd y' wold excuse him, who had no benefit by nor interest in y" 
goods nor yr owner ; & as for y" apprised value, Hee knew nothing 
of it,ibut believed y° securities wer responsible, & y' it Look't verie 
hard y' any Justice should suffer for an error in Judgment; ds further 
added, that if it were to do again hee wold not do it. 

Then the Go' told Coll. Quarry y' care should he taken to secure 
y" apprised value of sd goods to y" king &, his officers, wtout either 
trouble or charge, & if hee was not satisfied wt Anthony Morris's 
being outt of Comission of the peace, & wt his psent submission, 
Hee might propose in writting what other satisfaction hee expected, 
and it should be considered of. To wch Coll. Quarry made ans'', y' 
hee had no psonal animositie ag' M' Morris, &- y' for his pt hee was 
well satisfied wt y^ pror. & Gor's promise, & M' Morris' submission. 

Adjourned to 14"' February, 1690-700. 



14"' February, 1699-700. 

Att a Council Held att Philadelphia die Mercury, 14"" Febry, 
1699-700. 

present: 

WM. PENN, pror. and Governo'. 

Sam" Carpenter, David Lloyd, Wm. Clarke. 

Edw'^ Shippen, 

Upon Complaint of y° poor ag* y° bakers of bread for sale not being 
of the Law" & due assize, Justinian Fox, Jn" Sawlell} Arthur Holton, 
Wm. Royal, Geo. Abbiott, Marie jWerryweather, Tho. Hall & Hugh 
Dcrburrovv, being sumoned appeared, to whom the Go' notified y' sd 
Complaint; Who gcnerallie ansred, y' tho' it was hard for ym to 
Live by itt, wheat being now 5' 6'' p. bush., & y' they having but 
smal stocks wer outt-bid by the eminent merts & bolters ; yet hoped 
y' bread was of y" due assize. 

The pror. & Go' advised ym to be conformable to y° Laws in that 
bebalfe made, & said hee wold appoint a Clark of y° market to y' 
end. 

The pror. proposed Wm. Southbee Clark of y° market ; y" Coun- 
cil approved itt. 

Randal Spikeman, Arthur Starr & Jn" Heath, tobacco cutters in 
philad. upon notice given ym, appeared, whom y* pror. & Go' ac- 
quainted of a Law Latelie made to prevent frauds in trade, pticularly 
tobacco, & desired ym to beware & keep a just accot of y° quanti- 
ties of tobacco they sold Cutt, & for whom, both for exportaon & 
retail, & to give him accot yrof when required, which they promised 
to do. 



PROVINOiAx. . .^^^ , / 547 

Upon reading y' petion of y' Late ass. to y"' pror. & go', to appoint 
a treasurer in room of Ja. fox, deced, The pror. & Gor did appoint 
Sam" Carpenter to be treasurer for y^ province & territories, Hee giv- 
ing securitie to execute itt. 

Adjourned to 15"" instant. 



[IS-^ February, 1699-700. 

Att a Council Held att Philadelphia die Jovis, 15'" Febry, 1699- 
700. 

PRESENT : 

WM. PENN, pror. & Go', et ysdem ut antea. 

Upon reading y'' petion of Wm. Houston to y" Go' <fe Council, 
setting forth, That Edw"* Gibbs, Late Sheriff' of Newcastle Countie, 
having arrested one Tho. Collins, att y^ Complainants sule, did take 
bond for said Collins' appearance & abiding y" Judgmt of Court, y' 
Collins did not appear, qron sd Houston gott Judgm' ag' him, & by 
ord' of Court, had y° bail bond assigned by y" Sherif, wch sd Hous- 
ton putt in suit agt Georg Lamb, one of Collins' bail, who att Court 
pleading the razures& interlineaons of sd bond. It was adjudged void 
in its self; upon wch y*" per. sued sd sheriff & was cast, <.Sr. appealed 
to y' provincial Court, where he was also cast ; That y^ petr repsent- 
ed y'' premises to y° Lt. Go' & Council y° 16"" May, 1699, who gave 
yr opinion y' y" per. might sue y" bail again upon y° sd bond, y° same 
not being Legallie vacated by y° sd Judgm'; That y° per. in August 
Last putt y' bail bond in execuon & suit ag' sd Lamb, who having 
pleaded y" former aeon in barr, the Court gave Judgm' ag' y" per., 
viz': y' y" said action discontinue, wherony" sd per. craved an appeal, 
wch y" Court refused to grant & wold no further hear him. As also, 
setting forth y' forasmuch as it appeal's not by y' record whether y* 
razures wer before or after y"" sealing & deliverie of y^ bond, nor 
whether it was razed or interlined in anie essential part, neither was 
y° razure tried by a Juric, as y'' per, is advised it ought to have 
been ; & in as much as y" same justices tiiat allowed y" assign' of y' 
bail bond, did vacat the same, & afterwards discontinued the petrs. 
action &; refused him an appeal, qrby hee is Left remedie Less ; And 
yrfor, requesting such relief in y^ premises as to justice and equitie 
shall appertain. 

Which petion &■ paps, relating yrto having been read and Con- 
sidered by y' Go' &, Council, who yrby finding y^ per. to be left 
remedieless by y" Courts not granting him an appeal, & Like to be 
defeated of his just debt, 

Itt was yrfor resolved y' y' pet' may dc novo, enter his aeon upon 
y' bail bond ag' y' sd Geo. Lamb, & y' other psons yrin bound, & 
y' the validitie or invalidity of sd bond, as to y' razures & interli- 
neaons, be tried by a jury att y° Countie Court of Newcastle. 



548 MINUTES OF THE 

The pror. & Go' proposed to y" Council y' hee intended to Issue 
his writts for calling next Council &; ass. in a charteral way as to 
the numbers, viz : 3 out of each Countie for Council &; six for Ass., 
«fe desired yr advice yrin ; After debate yron, the further consideraon 
yrof was deferred to next day. 

Adjourned to 1 6"" instant. 



[16* February, 1699-700. 

Att a Counqil Held att Philadelphia die Veneris, 16"" February, 
1699-700. 

PRESENT : 

WM. PENN, pror. & Go", et ysdem ut antea. 

The pror. & Go' did again propose y^ former intentions, & it was 
y' Council's advice y' Hee Issue his wtts to call y' Council & Ass. 
Charterallie, both as to time & numbers of repsentatives, in ord' to 
prepare & propose Laws, as hath been formerlie accustomed. 

Adjourned to 6* March next. 



[6"- March, 1699-700. 

Att a Council Held alt Philadelphia die Mercury, 6"" March, 1699- 
700. 

. present: 

WILLIAM PENN, prop' and Governo'. 

Sam" Carpenter, David Lloyd, Caleb pussey. 

Edw"* Shippen, 

The pror. & Go' read to y' Council Secrie Vernon's Lett' about 
sending Home y' pirats, as also y^ Earle of Bellemont's enlarging 
yron : after several debates about y° lime & manner of sending homo 
dr. Brandingham & David Evans, prisoners here, Itt was y° opinion 
of y' board y' y* Governo' write to y'E. of Bellamont again about 
ym, & to his deputie Nanfan, att N. York, qlher they will send 
for ym & yr treasure with a guard, or qthcr they must be transport- 
ed from this place to Newyorke. 



[5* April, 1700. 

Att a Council Held alt philad. die Veneris, 5* April, 1700. 



PROVINCIAL COUNCIL. 549 

PRESENT : 

WM. PENN, pror. &; Governo'. 

Joseph Growdon, Griffith Owen, Jn" Donaldson, 

Wm. Biles, David Lloyd, Jasper Yeates, 

Rich'^ Hough, Caleb pussey, Sam' Preston, 

Sam' Carpenter, Jn" Simcoke, John Hill, 

Edw"* Shippen, Rich^ Halliwell, Tho. Fenwick. 

Upon reading the petion of Henry Hayward, ag' Anthonie Morris 
vS: Sam' Richardson, Justices of y° peace for philad. Countie, Hee 
was ordered to attend att 4 p. m., & oi'dered y" mess to acquaint y* 
Justices yn to attend also. 

Upon Reading y° petion of Susanna Harwood, widdow, setting 
forth y' her husband Wm. dying intestate. Left behind him 3 smal 
children, qch shee is in no capacitie to bring up but by a retail shop, 
wch requirs a greater stock than shee has to support it, unless a 
Lott in 2^ street in philad., with a small house yron unfinished, may 
be by her sold, to raise monie to pay her husband's debts. Carry on 
her trade, to maintain & support her children & familie; & yrfor 
Requesting ym to allow & permitt her to sell y" sd house for y* ends 
aforesaid. The Go"" & Council do grant y* wtin petion, upon securitie 
to be given by y' per. y' y° sd children shall have y" proporon of y" 
father's estate forthcoming to ym after his debts are paid. Sam" 
Carpenter offered to be her securitie, who is her securitie in y" office 
for her administring on her deced Husband's estate. 

Adjourned to 3 post merid. 

Att wch time y' sd petion of Henry HayAvard being again read, and 
y' record of his misbehaveor <te Comittm' having been produced by y° 
Clark of y" Countie Court, Hee denied y° sd record, & undertook to 
produce his wittnesses y' hee had not offended in mann' yrin con- 
tained; & y^ next Wednesday was assigned him for his & y" Justi- 
ces, & His wittnesses attendance. 



[12'" Aprill, 1700. 

Att a Council Held att philad. die Veneris, IS'" Aprill, 1700. 

PRESENT : 

WM. PENN, pror. & Go', et ysdem, except Jasper Yeates. 

The pror. & Go' acquainted y^ Council y' hee had Late intelli- 
gence y' Wm. Orr, Geo. Thompson, peter Lewis, Henry Stretcher ds 
Diggerie Tenny, inhabitants of y" town of Lewis, in Sussex Countie, 
had gone on board Capt. kidd, y" privateer, (who in Julie last Lay 
some days before Cape Henlopen,) and had Corresponded w' him, 
& received from him & his crew some muslains. Calicoes, monies 



550 MINUTES OF THE 

& other goods wch wer East India, &, prohibited goods, At y' theji 
had brought ym on shore, hid, sold &, given away most ofym, wtout 
acquainting y' govrmt or y' king's Coll'' of y" port of Lewis w' y' 
same, wch hee Look't upon to be, if not piracie, att Lest Confederat- 
ing w' ym, & accessaries & promoters of illegal trade, 65 yrfor de- 
siring y° Councill's advice yrin. 

Itt was the opinion of the Go' & Council, That Lawman, 

Collector of port Lewis, should be attested as solemnlie as if he took 
an oath, to declare the truth as farr as hee knows in y' matter, & y' 
yrafter y' sd psons should be examined one by one. Concerning y" sd 
Crime; wch was done, & y' examinaons are on file. 

Upon reading y^ petion of Luke Manlow, setting forth that att kent 
Countie Court 12"" March Last, hee was psented for feloniouslie taking 
a Heiffer in March, 1696, & was Comitted & tried wtout his evidence, 
<fe denied imparlance to y^ next Court, & Cast as a fellon, & y' hee 
honestly pchased sd Heitfer, & is now furnished wt evidence to prove 
y° same. And therfore. Requesting an ord' to y' Sheriff of sd 
Countie to forbear execuon of any Judgmt in y' casse, & to grant 
him a rehearing att next Court for sd Countie. 

Ordered y* y'' per. have a rehearing yrof next Quart' ss. for sd 
Countie, <Sc y' VVm. Wilson, sheriff yrof, desist from executing any 
writt or warrant of execuon issued, or to be issued outt ag' y° per on 
sd Judgmt, att his perrill, & y' y' per. intimate this ord' to him. 

Adjourned to 1 3"" instant. 



[13* April, 1700. 

Att a Council Held att philad. die Sabathi, 13* April, 1700. 
present: 
WM. PENN, pror. & Go% et ysdem ut antea. 

The pror. ^' Go' desired the Council to advise him what was fitt to 
be done w' sd Wm. Orr <^' others, in ord' to y' trial fy punishm'. It 
was y° unanimous opinion of y^ Council y' they be comitted <^ deliv- 
ered up into y" hands of the Court of Admiraltie, in ord' to y' trial, 4" 
y' Jn" Moore, deputie to Coll. Quarry, Judge yrof, be sent for ^ ac- 
quainted yrvvith, <^- y' his advise be taken yrin. Upon notice given 
him Hee appeared, & y' pror. 6i Go' acquainted him y' hee had sent 
150 miles for sd psons, y' they wer come att y" province charge, <fc 
had been examined before him & Council & Comitted Close prisoners, 
& y' itt was y' opinion y' hee, as Coll. Quarrie's deputie, be acquaint- 
ed & consulted about the manner of y' trial. The sd Jn° Moore 
made ans' y' hee was but deputie, &; y' thing new to him, but assured 
ym y' Coll. Quarrie wold be in town in a few days, & yn they wold 
take measures for y' trial, & y' it was not fitt to be precipitant yrin. 
To wch y° Go' & Council acquiesced. 

Adjourned to 15"' instant. 



PROVINCIAL COUNCIL. 551 

[IS'^Aprill, 1700. 

Att a Council held att philad. dieLunae, IS"" Aprill, 1700. 

present: 
WM. PENN, pror. (tGo'. 

Edward Shippen, John Donaldson, Sam" Preston, 

Griffith Owen, Tho. Bed well, Tho. fenwick. 

David Loyd, John Hill, 

The pror. & Go' acquainted y" Council y" by warrt hee had Co- 
manded the sherif of kent Countie to bring hither one James Brown 
who came home vrt Capt. Averie to providence, who brought him up, 
& was examined befor ym 12"" instant, & was now prisoner in this 
Countie goal, & desired to be advised by y" Council whether to take 
bail for his appearance, or to send him hence to England by y" first 
opportunity, or to send him to Boston in New England, to y^ Earle of 
Bellomont, in obedience. Itt was y" Council's opinion y' hee be sent 
to Boston, to y'' Earle of Bellomont. 



[25"' June, 1700. 

Att a Council Held att philad. die Martis, 25"' June, 1700. 
peesea't: 
WILLIAM PENN, Proprietor and Governour. 

The pror. & Go' sent y^ mess' of the Council to Call Edv/ard Ship- 
pen, Sam' Carpenter, Jn" Moll, Robt. turner, Gr. Owen, Wm. Clark, 
Caleb pussey &, Joseph Growdon, to attend him att his house. Ac- 
cordinglie Ed Shippen, Sam' Carpenter, Jn" Moll, Wm. Clark & Caleb 
pussey appeared. The pror. & Governo' acquainted ym y' since the 
Charter was delivered up again to him, it was not fitt hee should be 
wtout a Council, y' yTor hee had made choice of ym to be some of his 
Council, & yrfor desired y'' secric to read y^ Qualification prepared for 
ym to sign ; wch hee did, &-'' sd psons signed y* same & took place 
att y* board ; also, Rob' turner appeared & was also qualified. 
Adjourned to 26'"' instant. 



[26'" June, 1700. 

Att a Council Held att philad. die Mercury, 26''' instant. 

PRESENT : 

W M . PENN, pror. & Governo'. 

Edward Shippen, Wm. Clark, R.Turner. 

Sam' Carpenter, Jn" Moll, 

Griffith Owen appearing, signed y' qualificaon aforsd & took his 
place. 



552 MINUTES 0F THE 

The pror. & Go' delivered to y' secrie a Comission under y* great 
seal of the province, appointing one Thomas Storie keeper of the great 
Seal & M'' of the Rolls, to be read ; wch being done, y^ pror. & Go' 
delivered him y' sd seal & admitted him a member of Council, who 
signed y" sd qualificaon, & took place. 

Resolved y'y° Council meet everie 4"" day of y' week, y* att Govr's 
house, att 9 in y' morning, & oftener, as hee should give ym notice. 

Adjourned to V July, 1700. 



[r' July, 1700. 

Att a Council Held att philad. die Lunas, l"July, 1700. 
present: 
WM. PENN, pro"' and Governo' 

Edvv'' Shippen, Wm. Clark, Thomas Storie. 

Rt. Turner, John Moll, 

Upon reading the petion of Sarah Gibbs, widdow, setting forth y' 
Her Husband Latelie dyed. Leaving her much in debt, & the charge 
of a sucking child, & havipg nothing wherwt to pay y° sd debts but y* 
shell of a smal house, unfinisht, & a Lott valued att 50£, and yrfor, 
requesting y* Go"^ & Council to allow, permitt, & authorize her to make 
sale yrof, towards y" defraying of sd debts, educaon of sd infant & her 
support, according to the Laws and Customs of sd province. Wheron 
Rt. turner signified y' y" sd allegaons wer true, y' circumstances qrof 
being to him well known. 

Itt was yrfor Ordered y' sd Sarah Gibbs be pmitted, allowed & 
authorized, & is hereby by y'' Go' & Council pmitted, allowed & au- 
thorized, to make sale & conveyance to anie pson qtsoever, of y* sd 
house & Lott, wt its improvments and apptenances, & to ym & y' 
Heirs & assigns for ever, towards y° defraying of her just debts, y* 
educaon & maintainance of sd infant & her owne support, according 
to y'^ Laws & Customs of sd province, to Hold to y" sd pchasers yrof 
& y' heirs & assigns, & to y' use & behoofe, in fee simple & estate of 
inheritance forever. Itt was unanimouslie agreed & assented to by y* 

Go' & Council, that be appointed & is hereby authorized & im- 

powered to go round y° town with a small Bell in the night time, to give 
notice of y' time of the night & the weather, & if anie disorders or 
danger happen by fire or otherwise in the night time, to acquaint ihe 
Constables yrof. 

Ordered y' y" Secrie give notice to Benj. Chambers & powell, 

keeprs of y^ ferries overSkuilkill, y'they do not, after day Light is shutt 
in, transport anie psons y' if not well known to ym, or y' cannot give a 
good accot of ymselves. 

Itt was by y" pror. & Go' proposed to the Council to consider how 
y' law about prisons being workhouses should be effectuallie put in 
ezecuon. 



PROVINCIAL COUNCIL. 553 

Upon reading the memorial of VVm. Southbe, Clark, of y' market, 
to Go' & Council, about rules to be made for rcgulatirg y' market of 
Philadelphia ^ bread assize, 

Ordered y'^sd Wm. Southbe in y' meantime discourse}" bakers 
about y" assize of bread, & y' hee, w' some of ym, attend this board 
y' S'^ instant. 

Adjourned to S"" instant. 



[S"" July, 1700. 

Att a Council Held att Philadelphia die Mercury, 3'' instant. 

PRESENT : 

WILLIAM PENN, pror. and Governo'. 

Edw** Shippen, Robt. Turner, Wm. Clark, 

Sam" Carpenter, John Moll, Tho. Story. 

Wm. Southbee & some of y° bakers appeared wt y' bread, wch 
being weighed was found too Light. In excuse they affirmed y' if they 
came up to y"" assize they could not Live by itt, wch was y' general 
opinion of the Council ; And y'for, it was ordered by y° Go' & Coun- 
cil y" each baker should bake but 3 sorts of bread, viz: white, wheat- 
en & household, & no more, & yt the Loaves should be a pennie Loaf 
or roll, a 5'' Loaf &; a 10'' Loaf, & no other ; &. if anie of these should 
exceed the assize in finnes or weight, It should be equallie seizableas 
if it wer und' the finnes or weight, & y' each Baker of soft bread be 
allowed 6'' on y° bushell above y'' assize, i. e: when wiieat is att 5' 
p. bush, they shall make y' bread as if it wer atSS 6d, &. wheat being 
now 5S. p. bush, y'' sd white bread shall weigh siz oz; the wheaten 
10. oz, & y° household 13 oz & ?, & so proporonablie. 

Adjourned to 5 post meridiem. 



Alt wch time, Joseph Growdon appearing, subt. y* qualificaon and 
took his place. 

The pror. & Go"" caused the secrie to read y° orders. Rules & Rc- 
gulaon y' wer made for y^ market att philad. y° T' 8br, 1693, wch 
was done; & after some alteraon in y' sixt article, they ratified y* 
same & ordered y° secrie to ingross ym in these minutes, & to give 
Copie yrof to the Clark of the market, by him to be executed wt ns 
much discretion as hee could, and y' sd regulaon stands fair on y* 
said minutes y° sd P' 8br, 1693, to wch referr consisting of 9 arti- 
cles, qrof y^ sixt is That no Hucksters (or psons y' sell again) shall 
buy or cheapen anie of the aforemenoned provisions untill y" second 
tinging of y° Bell, upon forfeiture of y" same & e"* 5 to y' poor, & 5 to 
V* Clark of y° markett. 

AT 



554 MINUTES OF THE 

Upon reading the petion of Catherin Vandeveer ag' Cornelius Emp* 
son, Ordered y^ y' secrie by Lett', acquaint y* sd Cornelius therwith, 
& that Hee send him Copie of sd petion, and y' hee appear before y' 
Gor & Council the 17'" instant, to make answer to y* same. 

Adjourned to 10"" instant. 



lO'" July, 1700. 

Att a Council held att philad. die K^ercury, 10* July, 1700. 

PRESENT : 

WM. PENN, pror. & Governo'. 

Upon reading the petion of James Streater, setting forth that m 
168fi hee sent hither a man & his wife bound to him for 4 years, y' 
y' woman died att sea, & y" man soon after hee came hither, y' wt 
ym hee sent a boy bound to him for 3 years, ck; about 40£ Bt in goods, 
to take up his Land ; y' y'' sd servant man made a will & gave y' 
pers. servant boy, Edw' James, his time & all y° sd goods, & y' y' 
boy concealing y' hee was servant to anie other than y" pers. man, Jn" 
Honnet, The Court bound out y' sd boy to Jn" Redman, Bricklayer, 
for 4 years, who choose him for his guardian, who administered on 
y* sd pers. goods, apprized at 38£. 4s. & 7d, &i some of ym at an under 
value. That y" per. wrote to Wm. Clayton about itt, who told sd 
Redman y' y* sd goods & boy wer y' pers. & y' sd Redman had y' 
pers. writtings in his hands, wch hee latelie hath delivered to him, & 
y' sd Redman & James have y" sd goods between ym, or y^ value of 
ym, & y' said Redman hath said hee will never pay y" per, ptending 
hee hath paid y^ s'' James, who says hee has received but 9£, & y' sd 
Redman sold y° sd James to one Freeman for 201, &. paid himself wt 
201i of his goods, and yrfor desiring Justice. The per. produced 
Indres. for said John & Martha Honnets, und' y'' hands & Sealls, as 
also the nuncupative v.ill of y^ sd Jn". as it stands recorded in y° office 
of probate of wills, &c. & an obligaon undr y*" hands & sealls of Jn" 
Redman & Wm. Fiseman, his suretie, to admr the estate of sd Jn", & 
an Invrie. 

Ordered y' Sam Carpenter speak to sd Redman about the said pe- 
tion, 6o to know of liim whether hee will Leave it to y' decision of 
men. 

The inconveniencic of the goales standing where it now does, and 
y' removal yrof to y^ place purchased for y' same in 3'' street, being 
moved to y" Gor & Council, After some debate yrupon, The Gor & 
Council appointed Edw* Shippcn & Wm. Clark to go to y° inhabit- 
ants adjacent to y° prison, & to see what they & others will advance 
beforehand (to be deducted outt of the next Count}"- tax to be Laid for 
building a Court house) towards removing y* sd goal & Brick wall. 

Adjourned to 17'^ instant. 



PROVINCIAL COUNCIL. 555 

[17* July, 1700. 

Att a Council Held att philad. die Mercury, 17"" instant. 

PRESENT : 

WM. PENN, pror. & Governo'. 

Edwrd Shippen, Jn° Moll, Tho. Story, 

Sam" Carpenter, Robt. Turner, Gr. Owen. 

Wm. Clark, 

Sam" Carpenter Reported y' hee had discoursed sd Redman about 
Ja. Streater's complt ag' him &■ Edw** James, who told him y' hee was 
ready to justifie himself before y^ Go' &; Council. 

Upon reading again y^ petion of Catherine Vanderveer ag' Corne- 
lius Empson, who, according to an order of this board y' 3'' instant, 
appeared, and after a full hearing & inspection of all y' old & new 
pats, & all witnesses on either side, both viva voce & affadavilts, &i 
of all their draughts to ym produced, The pties att Last wer willing 
to stand to & be Concluded by y' report of 2 able surveyors, that 
should be appointed by y' Go"^ &, Council to view y° sd Lands, lines 
& bounds, att y"' charge. The Gor promised to appoint 2 such sur- 
veyors. 

Adjd to 24'" instant. 



[24'" July, 1700. 

Att a Council held att philad. die Mercury, 24'" instant. 
present: 
WM. PENN, pror. & Go', et ysdem ut antea. 

Jn" Redman &, Ja Streater, according to appointmt of last Coun- 
cill, appeared, & sd Jn" being fuUie heard in his owne justificaon, to 
y' satisfacon of sd James & Go' & Council, yet sd Jn" being sensible 
of y" Loss sustained by y° sd Streater, offered in y' spring to pay him 
5li, in Consideraon of y' advance y' might have been made on y' sale 
of y' sd goods ; And y' Go' & Council Left sd Streater to his remidie 
att Law ag' sd Edw"^ James, who had y^ whole & sole benefit of sd 
Streater's goods. 

Adjourned to 31'' instant. 



[31" July, 1700. 

Att a Council Held att philad. die Mercury, 31 "' instant. 

PRESENT : 

WM. PENN, pror. & Governour. 

Sam' Carpenter, William Clarke, John Moll. 

Edw** Shippen, 



5J6 MINUTES OF TPE 

Unon reading the petion of Eliz Sanders, }' widow & admrix of 
Jn" Sanders, deced, setting forth that qras hee by his last will & tes- 
tamt of 21 7br, 1699, after pajnit of his debts & funeralls, bequeathed 
y° rest of his real and psonal estate to sd Eliz during her widowhood, 
but if shee should again marry, yn y' one half yrof be putt into y' 
liands of Edwd Shippen & Nathan Stanburry, exers yrof, to be put to 
interest, &> to be equallie divided between his children att y' age of 
21 years ; And also setting forth, y' qras y*" sd exers having renounced 
y' ad office of exership, shee administered on his estate Cum testando 
annexo, <Sj exhibited inveritaric yrof, amounting in the whole, both 
real & psonal estate, to 51911 19s 6d ; as also setting forth, y' qras y' 
sd Jn" att his decease owed 174li, wch when paid yr will be remain- 
ing in her hands onlie 8511. 19s 6d, of}' s*^ psonal estate; And also 
sotting forth, that by y' Laws of this govermt about Testates & Intes- 
tate's estates cSs y" sale of y' Land by y' widow or admr, Itt is provi- 
ded y' after all debts arc paid, the residue, if anie be, of y' testator's 
psonal estate, shall be by y' exers divided according to their Last 
willc; And also setting forth, y' by y' sd will it evidentlie appears that 
the Testator's design & intent was y' y' one half of his sd clear estate, 
viz: botli real & psonal, should be putt to interest, & be equallie divi- 
ded between his sd children, att y' age of 21, wch can not be done 
unles y° sd real estate, or some pai-t y''of, be sold; And also setting 
forth, that qras y'' sd psonal estate is not sufficient both to pay y° sd 
debts & to keep in repair y' dwelling house & fences, & y' plantation 
(Sj house yron, & to bring up, educate & maintain 3 young children, 
& to support y° per, & to improve y*" sd estate to the best advantage, 
and y' y" sd Jn" died ptlie testate ^ ptlie intestate. And yrfor request- 
ing y' 'Go' ^' Council to allow, pcrmitt ^' authorize y" per. to make 
sale of y' sd real estate towards the defraying of the sd debts, y' edu- 
caon & maintaining y' sd 3 children &. her owne support, and y' 
per. is willing y' the one half yrof shall be putt outt for sd children's 
use to interest, according to y^ sd will cSj y' Laws & Customs of this 
province, & y' shee may be Impowered &. authorized to make title to 
a Bank Lott & house sold by her Husband in his Life time, to the pur- 
chasers yrof. And y" sd petitioner having made outt to. y* Go' i^- 
(youncil y° allegaons in sd petion mentioned. 

It was ordered. That shee be pemitted, allowed & authorized, <fe 
is hereby by y""' Go' & Council pemitted, allowed & authorized, to 
make title, sale and Conveyance to y" sd bank Lott & house yron 

built, wch by her Husband before his death, Avas sold to , as 

also of such other her sd Husband's real estate, (to wch hee had 
right,) wt all y' Improvments & apptcnances to y" pchascrs y'of, y' 
heirs and assigns for ever, towards y' defraying of her just 
debts, the educaon & maintainance of her sd S children, her owne 
support, and the better Improvmt of y° sd estate to y" sd children's 
use, according to will, To Hold to y'' pchasers yrof rexivelie and toy' 
Heirs and assigns, by such estate as y' sd Jn" Sanders held y' same. 
And itt was ordered that y' sd per. putt outt y" sd One Halfof yf sd 
clear estate, & the half of y° produce of y' sd real estate when sold, to 
interest, according to y° direction of y' sd will, by y" advice of Edwd 
Shippen & Nathan Stanburry. 



PROVINCIAL COUNCIL. 557 

Upon reading the petion of George Heathcote ag' Thomas Groves, «k 
the records of several Courts, The Go' & Council ordered y° Secrie to 
prepare a Copie of y' sd petion to be sent to sd Thomas, & an 
ordr of this board, directed to y' sherift' of Sussex Countie, to Su- 
mons y' sd Groves to attend y' Go' & Council y' 25'" 7br. next, 
to make ans' to y* sd petion. 

Adjourned to 7"" Aug' next. 



[7'" August, 1700. 

Att a Council Held att philad. 7* August, 1700, die Mercury. 
peese>'t: 
WM. PENN, proprietor & Governo'. ' 

Edward Shippen, Wm. Clarke, GrifFeth Owen, 

Robert Turner, Sam. Carpenter, Thomas Storie. 

Complaint haveing been made to this board by some of y' mem- 
brs of Council, that y° Late fireing of gunns from on board some 
vessells lying before philad. hath not onlie frightened some women 
& children, but hath also occasioned some of the Senecar Indians y' 
came hither to treat w' this governmt to depart, as believing y* fire- 
ing of sd gunns to have been signs of Hostilitie intended ag' ym. 
It was yrfore ordered y* no vessells Lying before y'^town of philad. 
shall fire anie gunns but att coming in & going outt, as a sign 
of yr arrival & depture, & y' James Logan give notice to M''of 
vessells of this ordr at their entrie of their vessells in his office. 
The Go' also, in open Councill, Informed y' 3 Senecar Indians y' 
stayed behind the rest, that itt was the Custom of y" English to 
fire gunns as a sign of joy & kind entrtainment of y' friends com- 
ing on board ; & was in no manner of ways intended to frighten or 
disoblige ym ; as also informed ym, yt they wer & should be verie 
wellcome to this govW, & in token of amitie & friendship vvt ym, 
y° Go' gave ym a Belt of Wampum, by ym to be showen to the 
other Senecar Indians y' went away upon fireing y' sd gunns, Which 
they kindlie accepted of. The Go' also desired y° members of Councill 
to go on board Capt. Sims' vcssell w' y' sd 3 Indians & y' Inter- 
preter, y' they might see y° manner of the English on board y' ves- 
sells, wch was accordinglie done, to y' great satisfaction. 

Adjourned to y' 14"" instant. 



14* August, 1700. 

Att a Council Held att philad. die Mercury, 14 Aug', 1700, 

47* 



508 MINUTES OF THE 

present: 

WM. PENN, pror. and Governo', et ysdem ut antea, & John Moll. 

Upon reading y' petion of Gilbert Wheeler ag' Edw'^ Antill, 
The Governo"' desired y' Council on both sides to argue v' mat- 
ter before him &, Council, wch was done; & several paps, wer 
produced & read about y" matter in difference. The Gor ordered 
ym to appear again to-morrow morning, in order to a furth'' examina- 
on & Hearing the same. 

Adjourned to 1 5"" instant. 



[15"" August, 1700. 

Att a Council Held att Philadelphia die Jovis, 15* instant 

PSENT : 

WM. PENN, pror. & Go', et ysdem ut antea. 

The Council of Gil. Wheeler & Edw'' Antill havmg been again 
heard att Length, The Go'' iSs Council appointed ym to appear before 
him and Council y^ 28"", & y' hco & Council wold in y"" meantime 
fuUie Consider of an answer. 

Upon reading the petion of Henry Elfreth ag' Griffith Jones, The 
same was referred to y^ Comrs of inquirie into titles of Lands &; 
Lotts. 

Upon reading the petion of Elizabeth Robinson, widdow, ag' y" 
sherif of Newcastle &; Jasper Yeates, the same was deferred to y'' 28""- 
mstant, being a case unpsidented in this province. 

Jtt was this day ordered by the Go'& Council, y' the king's High- 
way or publick road, & the bridges yrin from y'^ town of Philadel- 
phia to the falls of Delaware y' now are, be w' all expedion suffi- 
cienilie cut <fc cleared from all timber, trees & stumps of trees, Loggs, 
& from all other nusances whatsoever y' Ly cross y" sd way, & v' 
y^ same, with all passages in & outt of all creeks & Branches, ma\ 
be made passable, Comodious, safe and easie for man, horse, cart, 
waggon or team, by y" rexive overseers of the highways & Bridges 
wtin the rexive precincts, townshipps and Counties of Philadelphia 
& Bucks, according to Law. And y' y° respective Courts of Justice As 
Justices of y" peace in y"' sd Counties, Cause y' same be dulie pformed, 
&, the Laws in those Cases made &, provided to be strictlie putt in 
execuon, und'' y" rexive penalties yrin contained, & y' y^ secrie take 
care to send a Copie of this ord' to y° Counties of Philadelphia &. 
Bucks respectivelie. 

Adjourned to 11'" Tbr., 1700. 



PROVINCIAL COUNCIL 559 

ll"'Septemb%1700. 

Att a Council Held att philad. die Merc, 11'" 7br., 1700. 

PKESE>-T : 

WM. PENN, pror. & Governo'. 

Sam" Carpenter, Griffith Owen, Tho. Story. 

Edward Shippen, John Moll, 

Upon reading j" petion of Joseph Ashton, setting forth THat the 
justices of Philadelphia Countie Having granted a roade Leading to 
pemapccca mill, & ordered six men of y" nighbourhood to sett itt 
forth, by the agreemt of 4 of y" six, & y' 4 of ym in y" absence of 
the other two^ did sett itt forth to y° pers. prejudice, & y' itt may be 
altered without incommoding y* sd road, as in a draught yrof wt y* 
sd petion to y° Go"' & Council exhibited, & yrfor Requesting y' y° Go' 
&• Council wold appoint a road of a reasonable breadth, according to 
y" sd draught, or to appoint psons to view & sett itt forth according 
to y"' discretions. 

lit was ordered y' the said six psons appointed by y' Countie 
Court, do all meet together & Lay outt y" sd road, both as y' 4 psons 
have Laid itt outt, & as it is desired by y" per. in his draught, & y' 
they return y* sd draughts & courses of both roads, wt y' con & 
inconvcniencies, & y' reasons yrof to y^ Go' and Council y° 25"" 
instant. 

Upon reading the petion of Henrie Elfreth, ordered y' Griffith 
Jones have notice to appear befor y*" Go'' & Council y° 25"' instant, 
with his evidents of his Bank Letts over ag' y' blue anchor. 

Upon reading y° petion of Eliz' Robinson, widdow, agt the Sheriff 
of the Countie of Newcastle & Jasper Yeates, Ordered y'sd Yeates 
Have notice of sd petion & y' hee appear 25"^ instant, & y' shee be 
then heard by her Counsell. 

Adjourned to 12"" instant. 



12'" August*, 1700. 

Att a Council Held att philad. die Jovis, 12'*" instant. 
present: 
WM. PENN, pror. &. Go', et ysdem ut antea. 

Upon full hearing of y" matter in difference between Edw** Antill 
& Gil. Wheeler, who had referred y" same to y° Go'' and Council, 

The Go' & Council Ordered sd Antill to pay to sd Wheeler One 
hundred pounds y" first of May, 1701, & to give securitie for y' 
paymt of y' same, & that sd VVheeler do forthwith sign to sd Antill 
& his heirs and assigns, a deed of sale &; conveyance for y' mortga- 
ged pmisses in fee simple & estate of inheritance for ever, 6i y' sd 

•September. 



560 MINUTES OF THE 

Wheeler do live on y" pmisses to y° sd first of May, 1701, on such 
rent as they shall agree for. 

The pror. & Gor. proposed to the Council the necessitie of calling 
an assemblie in y" fall, for revising y' laws securing proptie, a frame 
of govermt «fe support yrof, Si paying y^ debts yrof. 

Itt was Resolved y' y' pror. 65 Go' do Issue his writts to sumons 
the freemen in each Countie to m,eet y' 1'' 8br., to choose 4 psons 
to serve as y' repsentatives in Ass., & to meet att Newcastle y* 
14"" day yrof, & y' y^ secrie do forthwith prepare writts for that 
end. 

Adjourned to 10'" 8br., 1700. 



10* Octob% 1700. 

Att a Council Held att philad. die Jovis, 10"" Octo', 1700. 

PSENT : 

WM. PENN, pro' & Go', et ysdem ut antea. 

Henry Elfrcth wt Henry flower, his Uncle's exer., wt Griffith Jones, 
appeared according to an ord' of Council ll"" Tbr., 1700, and having 
been fuUie heard, y' finall determinaon yrof was deferred till y° Go' 
& Council return from N. Castle. 

Adjourned to 11"" instant. 



11* Octob', 1700. 

Att a Council Held att philad. die Veneris, 11* instant. 
pkesent: 
WILLIAM PENN, proper. & Governo'. 
Sam" Carpenter, Griffith Owen, Thomas Storie, 

Edw"* Shippen, Caleb pussey, John Moll. 

Humphrey Morrie, upon y' Gor's. call by y° mess' of the Council, 
ap. subt y' Qualificaon of a Councellor &, took his place at the 
board. 

Smith, father to ■ Smith, now in goal upon susption 

of a rape Comitted on , desired his son might be bailed ; 

wherupon the attornic general being heard for y" king, &. David 
Lloyd for y° sd Smith, Itt was by y' Gor dt Council Ordered y' hee 
continou prisoner till y° pror. & Gor's return from y" Ass. att New- 
castle, to be held there y'^ 14"' instant. 

Adjourned till y" Gor's Return from N. Castle. 



PROVINCIAL COUNCIL. 561 

*Therc were many Councils furtlicr held att y' Town of New- 
castle, and a great number of Laws past w"" the Assembly there, 
before J. Logan was appointed Clerk of y' Council, and therefore 
he knov.s not what became of them. 



PROVINCE OF PENNSILVANIA & TERRITORIES, SS. 
Minutes of Council in the Assembly, Anno Ri. Rs. Gulielmi terty 
Anglioe, &c. decimo. 
25* January, 1699-700. 
Att a Council Held att Philadelphia die Jovis, 25'" January, 1699- 

roo. 

present: 
The Honble WILLIAM PENN, absolute proprietor & Governo' iu 

Chief of y° province of pennsilvania & the Territories yrto be- 
longing. 

Sam" Carpenter, Caleb pussey, Jn" Hill, 

Edward Shippen, phin. pemberton. Rich'' Halliwell, 

David Lloyd, Wm. Rodeney, William Biles, 

W'm. Clarke, Pat. Robinson, Secry. 

The Sheriff of the Countie of Newcastle his Return of a writt 
directed to him from y'' pror. & Go' for the election of repsentatives 
for sd Countie, to assist him in an assembly, to meet this day, was 
produced, whereby itt appeared that ther were elected for Council 
Rich'' Halliwell & Rob' French, &; for Assembly John Healy, Adam 
peterson, Wm. Guest and Wm. Houston. 

Upon reading the petion of Cor. Empson <k in° Grubb, in behalf 
of ymselves & others, in number 29, on y^ south &; north side of 
Brandywine Creek in sd Countie, setting forth. That notwtstanding 
y° pror.'tk; Go'', wt advice of his Council, had Issued his writt for 
election of 2 members to serve in Council & 4 in Assemblie, in Ordr 
to repair y^ Loss & disadvantage y' sd Countie had brought ymselves 
under by not electing in March Last, yet the pers. have not had the 
least notice given ym of any such writt nor time of election, from 
any known officer, & y' an election was made att Newcastle y° 20"' 
instant, by some of the other lOO'", & yrfor j° pers. have just cause 
to say y' such as have been so elected are none of y' repsentatives, 
& yrfor requesting relief, by allowing ym a free vote &. election of 
y'' Legislators, &c. 

WesscU Alriches, Sherif of sd County, having been called to ans' 



^This paragraph is in the hand writing of J. Logan. 



562 MINUTES OF THE 

for himself, who appearing, declared y' in his owne pson hee went to 
y" Lower pts of y° Countie & sent his deputie to y' upper, &, y' both 
were outt some days in giving notice to y" people, & if there was any 
Shortness it was to be imputed to his depty & not to him, who could 
not be in 2 places alt once, & to the shortness of time & severitie of y' 
weather and danger oftravelling. 

Therafter the Gor acquainted y' pers that the Sherif should be 
punish't for his neglect, & y' nothing was intended to be done this 
assembly but y° passing of a law agt pirats & unlawll trade, wch hee 
hop'd all wold concurr in, & y' there was no design to make any 
other for raising of monie or otherwise, & yrfor, hop'd they wold 
acquiesce in the choice made, & by passing y' sd two Laws ans' the 
psent emergencie, & y' a minute should be made that it should not be 
drawn into a president for the future. 

Resolved that the accepting of the return of the said writt, and of 
the psons yrin returned to serve, should by no means be drawn into 
a president for the future, & y' the sd sheriff be att y° mercy of y* pror 
& Gor. 

Jn° Healy, Adam peterson, Wm. Guest & Wm. Houston, returned 
to serve as repsentatives in Ass. for sd Countie, appeared befor y' Go' 
& Council & wer qualified according to law. Also, Hen Molleston 
<Sc Wm. Dyre for the Countie of Sussex, who had been absent 10"" 
May last. 

The pror & Go' desired y° secrie to acquaint the house of repsent- 
atives y' hee waited for ym. John Blunston, who had been choosen 
their speaker in May Last, appeared wt all the repsentatives. To whom 
y" pror & Go' said : 

" Friends, Had the psent emergencie of calling you att such a 
" season of the year concerned me only, 1 should not have done it 
" till y" usual time, but since it concerns y' Crown in two verie con- 
" siderable cases, recommended to me by y* Lo's Justices of England 
" to reinforce & Improve y' Laws already made ag' piracie & illegal 
" trade, I have yrfor desired to see you att this time to pass two euch 
" Laws, & for no other end; I shall deferr other things to the usual 
"time of meetting in y*" 3"^ mo. next." And. withal, y° pror & Go' 
told ym hee wold appoint 5 members of Council to join aComittee of 
ass. to prepare y" bill ag' pirats, & other 5 to join a Comittee of Ass. 
to prepare y^ bill ag' illegal trade, & desired y" Ass. to do y" same. 

The pror & Go' appointed Edwd Shippen, David Lloyd, ph. Pern- 
berton, Wm. Rodeney & Caleb pussey, to join a Comittee of Ass. to 
prepare y^ bill ag' pirats. And Sam" Carpenter, Wm. Clark, Richd. 
Halliwell, Wm. Biles 4' Jn" Hill, to join a Comittee of ass. to prepare 
y' bill ag' illegal trade, & to meet y' Comittees of Ass. rexivelie att 
8 in y° morning, & desired y' secrie to acquaint y' ass. yrwith; which 
hee accordinglie did. 

Adjourned to 26'^ Hora 10, A. M. 



PROVINCIAL COUNCIL. 563 

[26* January, 1699-700. 

Att a Council Held att Philadelphia die Veneris, 26* January, 1699- 
700. 

present: 
WM. PENN, pror. & Go', et jsdem decern ut antea. 

Wm. Clark, chairman of y' Comittee appointed to prepare y" bill 
ag' illegal trade, exhibited some amendments, Improvments of (^ addions 
to y* former Law ag' Illegal trade, y' wer considered by sd Comittee, 
but requested further time to put ym in form, wch was granted to 27"" 
instant, 10 A. M. 

Adjourned to 27"' instant, 10 A. M. 



[27* January, 1699-.700. 

Att a Council Held att Philadelphia die Sabbathi, 27"" January, 
1699-700. 

present: 

W M. PENN, pror & Go', et ysdem decern ut antea. 

VVm. Clark, Chairman aforesd, exhibited to y' Go' Sz, Council 
some Amendts & improvts of & addions to y" former Law for pvent- 
ing illegal trade, &; David Lloyd, Chairman of y' Comittee appointed 
to prepare y^ bill ag' pirats, also exhibited to ym some amendmts &; 
improvmts of & addions to y' former Law ag' pirats; both wch having 
been debated in Council, some further improvments wer considered 
of, & it was Left to y'' members of each Comittee to prepare a draught 
of the rexive bills Comitted to ym by 29"" instant, 10 A. M. 

Adjourned to 29"" instant. , . 



[29'* January, 1699-700. 

Att a Council Held att Philadelphia die Lunae, 19* January, 1 699- 
700. 

PRESENT : 

WAI. PENN, pror & Go', et ysdem decem ut nntea. 

David Lloyd, Chairman of y' Comittee appointed to prepare y' bill 
ag' piracie & pirat, exhibited a draught yrof, wch, after a Large de- 
bate, was Left to y^ further Consideration of y° s' Comittee. 

Adjourned to 31" instant. 



564 iMINUTES OF THE 

31" January, 1699-700. 

Att a Council Held att philad. die Mercury, 3P' Janry, 1690-700. 

PRESENT : 

WM. PENN, pror &, Gor, ct ysdeni decern ut antea. 

Isaac Norris & Rich'' Hough, from y' Repsentatives, desired y^ Go' 
to appoint some of y' members of Council to meet wt some of y' house, 
to Conferr wt & satisfie ym about some Clauses in y° sd bill of piracie. 
The pror & Go"" appointed Wm. Clark, David Lloyd & Caleb pussey, 
to meet some of y° house of repsentatives att the house of Isaac Nor- 
ris. 

Adjourned to 1^' Febry, 1699-700. 



1" February, 1699-700. 

Att a Council Held at Philadelphia die Jovis, 1" February, 1699- 
700. 

PRESENT : 

WJVI. PENN, pror. & Go', etysdem decern ut antea. 

Wm* Clark, Chairman of the Comittee appointed to prepare a Bill 
ag' illegal trade, exhibited a draught yrof; a great part qrof having 
been read & debated, the Go' 

Adjourned to 9.^ instant. 



[2'' February, 1699-700. 

Att a Council Held att Philadelphia die Veneris, 2'^ Febrv, 1699- 
700. 

PRESENT : 

WM. PENN, pror &, Go', et ysdem decern ut antea. 

The Remaind' of sd Law ag' Illegal trade being read & debated, &, 
some objections being made yrto. The pror &, Go' appointed Edwd 
Shippen, Wm. Clark & Sam' Carpenter, to draw y' claus yrof relating 
to kent Countie by 4 post M. 

The House of Repsentatives, by Anthony Morris & Isaac Norria, 
acquainted the Go' & Council y' they had read y" Law ag' piracie 
twice, y" had been sent ym, & wcr satisfied yrwt, excepting y' claus 
yrof prohibiting trade wt Madagascar. 

The Council moved to y" pror. & Gor that there be a clause inser- 
ted in y' bill ag' piracie, to indemnifie all those who have traded or 
had Comerce with some old privateers y' some j-ears agoe came in & 
surrendered jmselves upon the Jamaica proclamaon, & yt had pro- 
tections & pefrnitts from the nighbouring governmts. The pror. 



PROVINCIAL COUNCIL. 565 

assented yrto, & appointed David Lloyd, phi. pemberton and Wm. 
Biles to prepare & draw up y° sd clause. 
Adjourned to 3^ instant. 



[S'' February, 1699-700. 

Att a Council Held att Philadelphia die Sabbathi, 3^ Febry, 1699-700. 

Isaac Norris & Wm. Dyre, from the Ass. acquainted y" Gor «fc 
Council y' they had pused y* bill ag' Illegal trade, & had some objec- 
tions to make ag' it which they thought wold be best answered Id a 
Conference of both houses wt y° Go'. 

The pror. & Gor yrupon desired by these 2 members y' ass. to 
repair to him ('ii Council to Conferr about & ans' y° sd objections. 

Adjourned to -5'' instant. 



[5* February, 1699-700. 

Att a Council Held att Philadelphia die Lunsc, 5* Febry, 1699- 
700. 

PRESENT : 

WILLIAM PENN, pror. & Governor. 

Sam" Carpenter, William Biles, William Clark, 

Edward Shippen, Richd Halliwell, Caleb pussey. 

phin. pemberton, John Hill, 

The pror. & Go' appointed Wm. Clark, Sam' Carpenter, David 
Lloyd, Rich'^ Halliwell, ph. pemberton & Wm. Rodeney, to be a Co- 
mittcc of Council to join a Oomittee of ass. to abridge y* sd Law, by 
to-morrow morning. 

Adjourned to 6'^ instant. 



[6* February, 1699-700. 

Att a Council Held att Philadelphia die Martis, 6* Febry, 1699- 
700. 

paESENT : 
WM. PENN, pror. & Go', et ys'dem ut antea. 

Wm. Clark, chairman of sd Comittee, brought in the Bill ag illegal 
trade abridged, wch was read & sent to the Assembly. 

Adjourned to 7* instant. 

48 



•566 MINUTES OF THE 

[7* February, 1699-700. 

Att a Council Held att Philadelphia die Mercury, 7"' February, 
1699-700. 

present: 

WM. PENN, &c., et ysdem ut antea. 

Anthony Morris & Isaac Norris from y' ass. returned y' bill of 
piracie, desiring y*^ Go' 4- Council to satisfie ym about y" claus yrof 
prohibiting trading to M adegascar : The Go' desired a Conference 
wt y' house to morrow-morning, about y° sd clause. 

Adjourned to 8"" instant. 



[8* February, 1 699-700. 

Att a Council held att Philadelphia die Jovis, 8"" February, 1699- 
700. 

presei^t: 
WM. PENN, pro' & Go', et ysdem ut antea. 

'The Go' desired the secrie to acquaint the ass. y' hee 65 Council 
waited for ym, to Conferr about y' claus of y° act ag' piracie, prohibit- 
ing trade wt Madagascar & Nataall. The House of ass. appeared, 
wt whom a Conference was had about trading to Madagascar & Na- 
taall. It was Resolved y' it should be prohibited for three years. 

Adjourned to 9"" instant. 



[9* February, 1699-700. 

Att a Council Held att philad. die Veneris, 9"* instant. 

PRESENT : 

WM. FENN, pror. & Go', et ysdem ut antea. 

The ass. by Anthony Morris & Isaac Norris, 2 of y' members, 
sent to y" Gor and Council two Laws for their assent. 
Adjourned to 10"' instant. 



[10'" February, 1699-7C0. 

Att a Council Held alt Philadelphia die Sabbathi, 10* Febry, 1699- 
700. 

present: 
WM. PENN, pro' & Go', et ysdem ut antea. 



PROVINCIAL COUNCIL. 567 

The pror & Go' desired Wm. Biles & Jno. Hill to acquaint y' ass. 
j' hee &; Council waited for ym,^who returned ans' y' they wold attend 
him speedily. 

The ass. appearing, The pror &■ Go' told ym y' yesterday hee had 
received from ym two bills well had past yr house, wch hee desired 
the secrie to read over three times distinctlic. Afterwards they Aver 
by the Gor & Council assented to, viz : The first entituled, An act 
ag' pirats & privateers : The other an act for preventing frauds 6s 
abuses in trade wtin y'' province of pennsilvania & Counties annext ; 
and did underwrite each bill in these words — viz : philad. 10"' 12"' 
mo., 1699-700. This Bill being 3 times read was assented to by 
me, VVm. Penn, Locus privati Sigilli provincice. 

Therafter the pror & Go' proposed to y" Council & ass. y' hee in- 
tended to call y^ next genrll ass. according to Charter, att the usual 
& annual time ; To which the members of ass. by the Speaker, de- 
clared y' satisfaction therewith. Then y'' pror & Go' ask't the ass. 
whether they had anie other bussines for him att this time, who an- 
swered no. Then he said, Gcntl, you are dissolved, & I hereby 
dissolve you. They thank't y" Gor & departed. 

The end of the 7"' ss. of Council & Assembly. 



MINUTES OF COUNCIL, Anno Ri. Rs. Gulielmi terty Anglise, 
&c., Undecimo, for promulgaon. 

[SC^ March, 1700. 

Att a Council Held att Philadelphia Die Sabbathi, 30* day of March, 
1700. 

PRESENT : 

THe Honble WM. PENN, Absolute pror & Go' in Chief of y" pro- 
vince of Pennsilvania & y" territories yrto belonging. 
In respect y' there appeared onlic Sam' Carpenter, Edw"' Shippen 

& Gr. Owen, returned as repscntatives in Council by y" Sheriff of 

Philadelphia, David Lloyd, Caleb pussey & Jno. Simcoke returned 

as such by y" sheriif of Chester, The pror & Gor. 
Adjourned to 1'' April, 1700. 



[P'Aprill, 1700. 

Att a Council Held att Philadelphia die Luncc, 1^' April, 1700. 



568 MINUTES OF THE 

PRESENT : 

WM. PENN, pror. and Governo'. 

The Sheri9"of y° Countie of Bucks His return of repsentatives in 
Council was produced, qrby it appeared y' tlicr wer elected Joseph 
Growdon for 3, VVm. Biles for 2, & Rich'' Hough for one years. 

The Sheriff of Philadelphia Countie his Like return was produced, 
qrby it appeared y' ther wer elected Sam' Carpenter for. 3, Edward 
Shii)pen for 2, tSc Griffith Owen tor one years. 

The Sheriff of Chester Countie his Like return was produced, qrby 
itf appeared David Lloyd for 3, Caleb pussey for 2, & Jno. Simcoke, 
for one years. 

The Sheriff of Newcastle Countie his Like return was produced, 
qrby itt appeared that there wer elected Richd. Halliv/ell for S, John 
Donaldson for 2, & Jasper Yeates for one year. 

The Sheriff of kent Countie his Like return was produced, qrby 
it appeai-ed that there wer elected Jn° Walker for 3, Henry Molles- 
ton for two, & Thomas Bedwell for one year. 

The Shei'iff of y" Countie of Sussex his return of repsentatives 
was produced, qrby itt appeared y' y"" wer elected Sam" preston for 
3, Jn" Hill for 2, & Tho. ffenwick for one year. 

The abov returned psons, excepting those for kent Countie, appear- 
ing, subt. tho Qualificaon following, viz: pennsilvania, 1" 2'^ mo., 
April, 1 700, " We severallie, & each of us for o''selves, do sincerely 
" promise & declare as solemlie as if wee took an oath, y' wee will 
" be true & faithfuU to y" king & Crown of England, & to Wm. 
" Penn, pror &, Go'' of y" province of pennsilvania & territories yrto 
" belonging, & his heirs, according to y" Lres patent granted to him 
" by king Charles y'^ 2\ und"' y" great Seal of England'i" & took their 
places att y*" board, and so yr wer 

present: 

Joseph Growden, Griffith Owen, John Donaldson, 

WiUiam Biles, David Lloyd, Jasper Yeates, 

Rich"^ Hough, Caleb pussey, Sam" preston, 

Sam" Carpenter, John Simcoke, John Hill, 

Edward Shippen, Rich'' Halliwell, Tho. Fenwick. 

Then the pror & Go' said : " Friends, Tho' this be a Colonic of 19 
" years standing, & not inferiour to anie of its age, yet wee have 
" much to do to establish its constituon & Courts of Justice ;' there 
" arc in it some Laws obsolete, others hurtfull, others imperfect, y' 
" will need improvm', & it will be requisit to make some new ones ; 
" wee cannot go to slow to make, nor too fast to execute them when 
*•' made, & y' w' diligence & discretion, a Cgw well made & duly exc- 
" cuted, will better aiis' y" ends of governm' yn a greater bulk unexe- 
" cuted. You friends are ye people's choice & my Council ; you'll 
" see what Laws arc fitt to be Left outt <V. what to be made, &; you 
" w' mee, arc to prepare & propose ym. I say this the rather becaus 
" of a false notion some have gott y' becaus you are my Council 



PROVINCIAL COUNCIL. 569 

" yrfor you are not y" people's repsentatives. The ablest men have 
" always been chosen to be of y° Council to prepare Laws, & y" 
" Assembly to consent to ym; wee are two bodies yet but One power, 
" the one prepares, y° other consents. Friends, If in the Constituon 
" by Charter, there be anie thing y' jarrs, alter itt ; if you want a 
" law for this or that, prepare itt ; I advise you not to trifle wt 
" govern'. I wish there wer no need of anie, but since Grimes 
" prevail govrm' is made necessarie by man's degcneraon ; Itt's 
" not an end but a means ; hee y' thinks itt an end aims att 
" profitt to make a trade on't. Hee who thinks itt to be a means 
" understands y" true end of governV. Friends, away w' all pties, & 
" Look on yo'"selves & what is good for all, as a bodie politick, first 
" as und' y"" king & Crown of England, «S<: next as und' me, by Lres 
" patent from y' Crown. Att y'' Late election att Philadelphia, I was 
'" grieved to hear some make itt a matter of religion ; no its humane 
" & moral relating to trade, traffiquc & publick good, consisting in 
" virtue & justice; v/here these are maintained there is government 
" indeed. Study peace, & be att unitie, ey y^ good of all, & I desire 
" to see mine no otherwise than in y^ publick's prosperitie. The 
" last Ass. wee made 2 Laws, the one ag' piracie, y" other ag* for- 
" bidden trade. I hear they have not satt easie on y^ backs of some, 
" but I hope, wee having yrin been carefuU of England, wee shall 
" have thanks for making ym before wee had orders so to do, and 
" after so manic oalumnies & complaints wee have been Loaded 
" with, I hope these two Laws will in some degree wash us clean ; 
" what concerns myself I also Leave wt you to Consider. I hare 
"been now 19 years yo"" pror & Governo'', & have att my chairge 
•' maintained my deputie, qrby 1 have much worsted my estate, & 
" hope itt will be no wonder to any to hear mee make this Lection 
" of itt. Some say I come to gett monie & be gone, phapps they that 
" say so, wish itt so. I hope I or mine shall be wt you, while I or 
" they Live — The disasters of my absence have been mine as well 
" as yours, & as I'm used shall make suteable returns. I have 
" latelie two packetts from Whitehall, an original & a duplicate ; 
" also one to my Cosen Markham, & two from Secrie Vernon, &; am 
" Comanded by y" Lords Justices to make Laws ag' piracie &; illegal 
" trade. I am glafl wee have prevented their Commands in doing it 
" before they came." 

Therafter, a motion being made by a member of Council, that 
they might have a new Charter : Then y" pror & Gor ask't whether 
they thought the Charter was Living, dead or asleep ; is it vacated by 
y' act of Settlement, or in what state is itt. A member made ans', 
that they never Look't on't to be void or dead,becaus att Go' Fletcher's 
coming, wee made a salvo of it in y^ assemblie books, c^' another 
salvo of it in y^ frame of govrmt, as to its fundamentalls, but y' Cir- 
curnstantialls of itt as to time, place 6c number, & rotation, wee could 
not reassume. Our bussines now is to do good, y" Go' being hereto 
cx)nfirm itt, ^' he having in his Charter, power to call us as hee pleases, 
ye manner is but circumstance, the meetting is essential; Letts take 

48* 



570 MINUTES OF THE 

what's fitt &; good both in y'= chartci' & frame, & Lett's n:ake a Con- 
stituon y' may be firm & Lasting to us & ours ; This makes no 
breach on the old Laws, but will confirm what's reasonable, both in 
ym, y" charter & frame. 

Then y' Gor said : The act of Settlem' served till I came; now I'm 
come, It Cannot bind me ag' my owne act, the charter it being my 
grant, &; the people my wittness by yr acceptaon of it, and tho' 
some violence cannot be resisted, yet when the violence is taken off, 
y" Charter returns, & how can it return but by writt. 

Therafter y° pror & Gor resolved y' whole members of Council 
into a grand Comittee, to meet hora tertia, p. m., to read y" Charter 
&; frame of governm', & to keep what's good in either, to lay aside 
what's inconvenient & burdensome, & to add to both what may best 
suit y^ Comon good, & if you be under any doubt He solve itt, & psent 
to mee what you do yri'n to-morrow morning for my perusal!. 

Adjourned to 2'* April, 1700. 



[2" Aprill, 1700. 

Att a Council Held att Philadelphia die Martis, 2'' Aprill, 1700. 
present: 
WM. PENN, pror & Go% et ysdem ut antea. 

Joseph Growdon, Chairman of y' grand Comittee appointed to in- 
spect & puse y^ charier, & frame, &c. made report y' they had 
pused both, & had made some alteraons in, diminutions from, ^i. 
addions to both, wch wer read & had mark't outt 'S" ss. (but had not 
lime to writ ym out fair,) & deliverd ym to y* Go' for pusall. 

Then he desired y' all y' Laws from y* first settlemt ofy° province 
might be read over by y" secrie ; accordinglie some of vm were. 

Adjourned to 3"^ instant. 



[3^ Aprill, 1700. 

Att a Council held att Philadelphia die Mercury, 3'^ Aprill, 1700. 

PRESENT : t 

WM. PENN, pror. & Go% et ysdem ut antea. 

The pror & Gor desired y' secrie to begin where hee Left in read- 
ing y" Laws; accordinglie some more of ym wer read. 

Adjourned to 3 p. m. 



The pror & Gor desired y' secrie to begin qr hee Left A. M. in 
reading the Laws, & y" rest wer read over by y* secrie. 



PROVINCIAL COUNCIL. 671 

Then y" pror & Gor resolved all y" members of Council into a 
grand Comittee, to meet to-morrow morning at 9, to read & consider 
y" sd Law, & to keep what was fitt, to Lay aside what was inconve- 
nient, & add such new ones as they thought meett. 

Then hec proposed to ym y" necessitie of a Law for regulating 
Courts of Justice, & y° pleas to be held there, provincial Courts 
& appcalls, about y° marriages of negros, how to be punisht & tried, 
ag' selling rum to y' Indians, To restrain sickly vessells from Land- 
ing y"" passingers for some time, & for y° better observaon of y° k^^ab- 
bath or Lord's day, &, to make report to-morrow morning. 

Adjourned to 4* instant. 



[4* April!, 1700. 

Att a Council Held att philad. die Jovis, 4"" instant. 
present: 
WM. PENN, pror & Gor, et ysdem ut antea. 

Joseph Growden, chairman of sd Comittee, reported y' they had 
made some small progress in pusing y^ Laws, but feared should not 
have time to go thorow all, being Long & tedious, but desired more 
time; wch was granted. 

Adjourned to S* instant. 



[5"" Aprill, 1700. 

Att a Council Held att philad. die Veneris, 5°" instant. 

PRESENT : 

WM. PENN, pror & Go", et ysdem ut antea. 

Joseph Growdon, chairman aforesd, reported y' they found great 
difficultie in pusal of y^ Laws, &, y' they could not in so short time 
go thorow ym, & desired Longer time ; which was granted. 

Adjourned to 6"' instant. 



[6"^ Aprill, 1700. 

Att a Council Held att philadel. die Sabbathi, 6* Aprill, 1700. 
present: 
WM. PENN, pror. & Go , et ysdem ut antea. 

Joseph Growdon, chairman of y" grand Comittee of y" whole mem- 
bei-s of Council, appointed to prepare some Laws, psented to y° pror 



572 MINUTES OF THE 

& Go' a paper containing some Heads of a Law for securing y" 
people's propertie. 

Tlie pror &, Gor again recomended to ym the Consideraon of all 
the Laws ; what should drop, what be Continued, & some heads of 
new Laws to be made, formerlie recomended to ym. 

Adjourned to 8"^ instant. 



[8* Aprill, 1700. 

Att a Councill held att Philadelphia die Lunae, 8* April, 1700. 

PKESENT : 

WM. PENN, pror &■ Go', et ysdem ut antea. 

Thomas Bed well, a membr of Council returned for kent Countie, 
for one year, appearing, sub' y* above sd qualificaon & took place att 
y*" board. 

The pror &, Gor proposed to the Council y° Consideraon of y° law 
about y^ provincial Judges & Court, y' it might be made more easie 
& less expensive. 

Joseph Growdon, chairman aforesd, psented to y" pror & Gor some 
heads of a Law for raising 3'^ p 11 & 18'' p poll, as a testimonie of y' 
respect to him, & being sensible itt was not ansrable to what he de- 
served, yet y" Countrie being poor & in debt, hop'd hee wold accept 
of itt for y^ present; also, 1'' p li & 6' p poll, for defraying y' debts 
& for support of governmt, which the Gor said hee wold consider. 

Adj ourned to 9"" instant. 



9'" Aprill, 1700. 

Att a Council Held att Philadelphia die Martis, 9* instant. 

PRESENT : 

WM. PENN, pror. 6z; Governor, et ysdem ut antea. 

The pror &; Gor psented to the Council a draught of a Law about 
arbitraons, another about Surveyors; wch wer read ds recomended to 
sd Comittee. 

Adjourned to 10"' instant. 



10'" Aprill, 1700. 

Att a Council held att philad: die Mercury, lO"" instant. 
present: 
WM. PENN, pror & Go', et ysdem ut antea. 



PROVINCIAL COUNCIL. 573 

The matter of y° people's proptie, & the securing yrof, either by a 
Court to be erected by y^prov & G!o% or by grants from him, or by a 
Law for y' purpose to bo made, & about the Overplus Lands, being 
att large debated, was left to y° further coiisif'eraon of y* Gor &, 
Council, and y" pror Gor appointed John Simcoke, Joseph Growdon 
& Wm. Biles to meet him att night to consider yrof, & as neer as 
might be, to adjust y° rates of overplus Lands, according to their 
neerness to or remoteness from y" town of Philadelphia. 

Adjourned to ll"" instant. 



[ll'^Aprill, 1700. 

Att a Council Held att philad. die Jovis, 11'" instant. 

PRESENT : 

WM. PENN, pror & Go% et ysdem ut antea. 

In respect some of y° members of Council wer provincial Judges & 
now sitting in Court, & y" abov named not having had time toconferr 
so as to adjust y'^ rates of y* overplus Lands, The pror &, Gor. 

Adjourned to 4 post merid. 



Att wch time y" pror & Go' (upon a proposion to him made by a 
member of Council to prolong y" time of Sessions of Gor, Council & 
assemblic for a Longer time ym was usual,) who brought in a draught 
of a bill for y' end, wch having been debated, Itt was agreed to be 
brought in again 'y" 12"' instant, wth some improvments & amend- 
ments. 

Adjourned to 12'^ instant. 



[12°' April!, 1700. 

Att a Council Held att Philadelphia die Veneris, 12* instant. 

PRESENT : 

WM. PENN, pror & Go", et ysdem ut antea. 

The sd Law, with improvments & amendmts, was exhibited by y'' 
pror & Gor to y^ Council, entituled a Law to be promulgated to Con- 
tinue y^ present ss. of Council & ass. 20 days beyond y*" usual time 
by Charter Limited: & being by the Secrie three times read over. 
Upon the Question putt, all you that are of opinion y" this Law pass 
here in order to promulgaon stand up, Itt was Carried in the affirma- 
tive, Nemine Contradicente. 

Then the pror & Gor ordered y' Secrie to send a Copie yrof, signed 
by Him, to y' rexive Sheriffs of y' Six counties, to be by ym rexive 
promulgated. 



574 MINUTES OF THE 

MINUTES OF COUNCIL IN THE ASSEMBLY, Anno Ri. Rs. 
Gulielmi terty Anglia, &c. decimo, &c. 

[lO"" May, 1700. 

Att a Council Held att Philadelphia die Veneris, lO"" of May, 
1700. 

PRESENT : 

The Honble WILLIAM PENN, absolute proprietor & Governo' in 
Chief of y'= province of pennsilvania «Sc the Territories thereunto 
belonging, &;c. 

Sam" Carpenter, Joseph Growdon, Caleb pussey, 

Edw"" Shippen, Rich" Hough, David Lloyd, 

Griffith Owen, Jn'' Sim coke, Rich'' Hahvell. 

The Sheriff of Bucks Countie his return of Repsentatives for ass. 
was produced, whereby it appeared y' ther wer elected Jn" Swift, phi- 
neas pemberton, Joshua Hoops, Wm. paxton, Jeremiah Lanehorne, 
Sam"Darck, 

The Sheriff of Philadelphia County his return was produced, qrby 
it appeared that y" wer elected Jn" Bevan, Anth. Morris, Nich Wain, 
Is. Norris, Sam. Richardson, Jn° parsons. 

The Sherif of Chester's retn was produced, & ther wer elected Jn" 
Blunston, Rob' pyle, Richard Orms, Jn" Hood, Sam. Lewis, Henrie 
Lewis. 

The Sherif of Newcastle's retn was produced, & there wer elected 
Adam petersou, Joseph England, Richd Cantwell, Rob' French, Val. 
Holingsworth, Wm. Houston, who subt y' same Qualificaon y' y" 
membrs of Council subt. 1" April, 1700; and y" other repsentatires 
not being yet come to town. 

Adjourned to IS*^ instant. 



[IS*^ May, irOO. 

Att a Council held att philad : die Lunae, 13* May, 1700. 

PRESENT : 

WM. PENN, pror & Go', et ysdem & Jasp. Yeates, Jn' Donaldson, 

Sam Preston, Jn" Hill, & Tho. Fenwick. 

The Sheriff of kcnt's retn was produced, & y' wer elected Wm 
Morton, John Brinklo, Richd Wilson, Gr. Jones, Arthur Meston, Wm 
Rodney. 

The Sheriff of Sussex's retn was produced, & y' wer elected Jo 
seph Booth, Thomas pemberton, Luke Watson, jr. Tho. Fisher, Art 
Vankirk, Robt. Burton, who subt. y" same Qualificaon as above. 

Then y^ Go' desired y° members of Ass. to depart and choose j 
Speaker. 



PROVINCIAL COUNCIL. 575 

Alter some time John Blunston, accompanied by y' whole house of 
repsentatives, appeared before y" Go' & Council, acquainting ym that 
they had made choice of him for y'' Chairman, a pson verie unfitt att 
such a time where matters too weightie for his capacitie wer to be 
considered, & yrfor desired to be excused if it could be, 65 if not, y' 
y' pror & Go'' wold be pleased to putt a favorable Construction on 
his words, & y' the ass. might have freedom of speech & access to 
his pson; wch was granted. Then y" Go' said : Friends: * * * 

Wm. Rodney & R' pyle, from y° ass, desired a sight of one of the 
writts qrby this ass. was called, & y" promulgated Bill ; which y* 
Secrie delivered to ym. 

The pror & Gor desired y" Secrie to read y^ bills wch hee had 
prepared about tradeing wt y' Indians, & arbitraons, & after some 
debate on both, and then Resolved y° Council into a Comittec of y* 
whole members yrof, to consider y" same, c^- to make report. 

Adjourned to 4 p. m. 



Att which time Antho. Morris & Jn" Bevan, from y* Ass. acquaint- 
ed y* Gor & Council y' y^ Ass ; desired a free conference wt y* 
Council members ; which y^ Gor granted. Then y*" Speaker, ac- 
companied as before, appearing, desired y' hee or anie others of y* 
Ass: might speak yr minds; wch y° Gover granted : some of ym 
wer of opinion y' they wold pass y" promulgated Bill for y^ prolonga- 
on of y" time of this ss, provided y' yraftcr they went on to settle y" 
constituon of y° govrmt wtout y*" intervenion of any other bussinea ; 
To wch y*" Gor assented ; And in ord' yrto, resolved y" membrs of 
Council to be a Comittee to join a Comittee of y" whole house of rep- 
sentatives, to meet to-morrow morning to read y" Charf & frame, & 
to Consider of the Constituon of y" govrmt, & desired Jasp. Yeates <k 
Caleb pussey to acquaint y" Ass. y with, y' they might do y" same. 

Adjourned to 14"" instant. 



[14'=" May, 1700. 

Att a Council held att philad. die Martis, 14* May, 1700. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem utantea. 

Coll. Rob' Quarrie, Judge of y" Court of admiraltie for pennsil- 
rania, accompanied wt Jn" Moor, advocat of sd Court, exhibited a 
charge ag' David Lloyd, one of y" Council elected for Chester Coun- 
tie, of Irreverent speeches 6i postures of 6t ag' y° broad seal of Eog- 



676 MINUTES GF THE 

land & y*" king's picture, & a tin box appended to y° Lords of y° ad- 
miraltie of England y' Comission to Ro' Webb, yn marsliall of sd 
Court, in a Certain Court held att philad sometime Late past. To 
wch, after sd David Lloyd had made some answer, hee desired y" 
charge might be exhibited ag' him in writting und' y' charger's hand, 
wch was agreed to, & 4 p. m. assigned to sd Coll.Quarrie so to exhibite 
itt, wt y^ wittuesses, for whom hee desired a Subpoena; which was 
granted. 

Upon calling over y° names of y" members of Council, the 3 rep- 
ser^tatives for kent Countie wcr found wanting, wtout whom y' couLd 
but little be proceeded in, & y"" being no excuse made for ym, Itt was 
resolved y' a wrr' be issued by y*" Secrie, und' y"" Gor's hand & seal of 
y'' province, directed to Henry Mallows, mess' of y" Council, forth- 
with to repair to y^ sd Countie of kent & bring ym up to ans' y' sd 
contempt, wch was done. 

Adjourned to 3 p. m. 



Att which time ph: pemberton &, Ro' French, from' y' Ass, acquaint- 
ed y* Go' & Councill y' y" Ass: wer readie for him. The Gor told ym 
y' hee & Council wold receive ym. 

The Speaker acquainted y' pror & Gor y' they came to hear y' 
old Charter and y" Late frame of governmt read. The Gor ask't 
him if they had past y° Law given ym yesterday for y" end. Tho 
Speaker ansred they had not, but sd they wold pass itt next morning. 

Coll. Rob' Quarr}'^, accompanied as aforesaid, exhibited to y' Gor 
& Council His memorial ag' David Lloyd, in writting, und"" his hand, 
wch was read, and in these words, viz : To y" Rt. honble Wm. Penn, 
esq', pror & Gor of y^ province of pennsilvania & y^ annexed Coun- 
ties. The memorial of Coll. Robert Quary, Judge of His maties 
Court of admiraltie for y*" provinces of pennsilvania & West Jersey. 
Represents to this board y' hee is obliged, as well by his dutie owing 
to his most Sacred matie, & by the directions Latelie received from 
the Rt. honble y^ Lords of y°plantaons & trade, as yMrust lodged in 
him by vn-tue of his maties Letters patents und' y° broad seal of ;.^ 
High Court of admiraltie of England, to signifie y' having alreadie 
Laid before y^ board a charge of unparallelled misdemeanors & af- 
fronts oflered ag' his matie in some of y' Courts of this province, by 
one David Lloyd, now 4" ^itt y'time a member of Council, and beii- 
required to reduce y" same to writting wtin y'' space of few Houi- 
with the witnesses to prove the charge, In wch time the whole ser;< 
of y" affair, wt y^ aggravating Circumstances yrof, cannot so fullie ] 
digested as the nature of the crime may require. However, in obeii 
cnce to y" said order, Hee Showeth : That sundrie goods & merdizes 
being seized for Illegal Importaon, Sl Lodged in the marshall of y° 
admiral's Custodie in the king's store, in the year 1698, &, proper- 
lie triable in the sd Court by virtue of several acts of parliamt. The 
sd David Lloyd did, ia contempt of y*" sd Laws ^ Jurisdiction of y* 



PROVINCIAL COUNCIL. 577 

sd Court, influence & advise the justices by force c^- arms, to force j' 
goods outt of the sd store ; That the sd David Lloyd did further 
advise & prosecute an action ag' y' sd marshall for the detainer of y' 
sd goods, att the succeeding Countie Court, where y° marshal! being 
called to defend the sute, hee produced in his owne Justificaon His 
maties Lrcs pats, undr y° broad seal of y" High Court of Admiraltie, 
with the Judges warrt fory" seizure aforesaid, which sd patent having 
in the frontis piece his most sacred maties effigies stampt, with the sd 
seal appendant, the sd David Lloyd, in a most insolent & disloyal 
manner, taking the sd Comission in his hand & exposing it to y' 
people, did utter & publish these scurrilous & reflecting words follow- 
ing, viz: — what is this? do you think to scare us wt a great box 
(meaning y* seal in a tin box) and a little Babie; (meaning y' picture 
or effigies aforesaid;) 'tis true, said hee, fine pictures please children ; 
but wee are not to be frightened att such a rate; & many more gross &. 
reflecting expressions on his matie to y" like effect. That att another 
time, att a Court of admiraltie, held in this town of philad, hee, y' sd 
David Lloyd, in open Court, with a design to incense & irritate the 
people & expose y° king's officers to their furie, did publicklie say, 
that y' Court did not sitt there by anie Comission from y' king. That 
y" sd David Lloyd, att a Council held in this town, (in Contempt of 
his maties authoritie Lodged in the sd Court of admiraltie,) did declare 
y' whoever wer Instrumental or aniewise aiding in the erecting & en- 
couraging a Court of admiraltie in this province, were greater enemies 
to the Liberties & priviledges of y'^ people then those y' established & 
promoted ship monie in king Charles the first's time, or to that effect. 
All wch several charges hee is readie to avouch & prove; so subscri- 
bed ROBT. QUARRY. 

As also, y*" sd Coll. Quarry produced some witnesses to prove y'sd 
charge in its several branches, as by y'' dcposions remaining on y' 
files may appear, wherupon y" sd David Lloyd desired of y' Gor & 
Council time to ])utt in his ans' in writting to y" sd memorial, and to 
make his defence ; To wch y" Gor replied y' this was not his trial but 
an examinaon, 6c when & wherever, or before what court soever hee 
should happen to have his t^rial, hee wold then have that granted him, 
& y' this was but an examinaon to see whether what was Laid to his 
charge was of y' weight to suspend him from being a repsentative of 
y' people in Council, as was desired by Coll. Quarry. 

Adjourned to IS"" instant. 



[IS* Aprill,* 1700. 

Att a Council held att philad. die Mercury, 1.5* May, 1700. 

•May. 

49 



678 MINUTES OF THE 

PRESENT : 

WM. PENN, pror & Go', et ysdem, except David Lloyd. 

The pror & Gor ask't y' opinion of y' Council whether what was 
exhibited cSz. proved ag' David Lloyd, a member of this board, yester- 
day, was sufficient ground to suspend him from sitting as a repsen- 
tative att this board upon y° people's choice. Resolved, N. C. y' it 
was — wherupon y^ pror c^* Go' desired Joseph Growdon to acquaint 
David Lloyd that hoc was suspended from sitting as a rcpsentativc 
att this board till hee had his trial, & wer cleared or convicted. 

Upon a motion made, y" pror & Gor ordered y' secrie to write to 
\Vm. Biles, a repsentative in Council elected by y° Countie of Bucks, 
forthwith to appear att this board to his dutie ; which the secrie did. 

Adjourned to 16"' instant. 



[16'" May, 1700. 

Att a Council held att philad. die Jovis, 16* May, 1700. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem& "William Biles. 

Tho. pemberton & Is. Norris, from y" ass: acquainted y'Gory' 
the assemblie desired admission ; which was granted. 

The Speaker, accompanied as aforesd, delivered to y* pror & Gor. 
the promulgated Bill entituled The Law Continuing y' psent sessions 
of Council & ass: 15 days beyond y^ usual time by Charter Limited, 
past y' house, wch being read to The pror, Gor & Council, y' same 
was past by ym, N. C. 

Thcrafler y" pror and Gor having laid opon both to Council & 
Assemblie, the nature of the psent Constituon, & y^ powers of both 
Council & Assemblie, Left }' members of both houses to y' grand 
Comittce appointed for settling the constituon of y"" govrmt, &. to bring 
in y' report y" 17"" instant. 

Adjourned to 17"" instant. 



[17* May, 1700. 

Att a Council held att philad. die Veneris, 17* instant. 

PRESENT : 

WM. PENN, pror. & Governor, et ysdem ut antea. 

Joseph Growdon, Chairman of y° sd grand Comittee of Council 
<fe ass: to whom was Left y' Consideraon of y" psent Constituon, & 
y" powers of Council &. Assemblie, & y' settlemt of y" new Consti- 
tuon, Reported y' they had Considered of some part yrof ; that y' 



PROVINCIAL COUNCIL. 579 

ass: should have y' sole power of pparing & proposing bills to be 
past into Laws, &i y* whole powers of an ass, & y' y' Gor's Coun- 
cil shall be y' people's choice, & y' six sliall be the number Con- 
slantlie to attend him on all emergencies, but had gone Little further 
yrin. 

The pror & Gor made ans', that wliat hee expected from ym was 
that they should have prepared & exhibited to him y" Charter they 
desired, (Sc when hee had it all in a piece before him, Hee should 
soon tell ym what hee could not & what hee could grant ym. x\nd 
yrfore desired y' grand Comittee to go together again & Consider what 
hee had laid before ym ; by y' time hee should return from penns- 
berrie; &c Told ym y' hee left y' town on purpose y' in yr Comittee 
they might meet w' no interruption. 

Adjourned to 24'" instant. 



[24* May, 1700. 

Alt a Council Held att philad. die Veneris, 24* instant. 
present: 
WM. PENN, pror. & Go% et ysdem ut antea. 

The pror &; Gor desired y" secrie to acquaint y° ass, y' hee & 
Council waited for ym ; they returned they wold forthwith attend 
him. 

The Ass: appearing, Joseph Growdon, chairman aforesd, psented 
to y° pror & Go' a draught of y° Charter they desired. Hee sd hee 
wold peruse it, & in y" meantime desired y" grand Comittee to meet 
again & go on w' yr bussines. 

Adjourned to 25"" instant. 



[25* May, 1700. 

Att a Council Held att philad. 25'" May, 1700, die Sabbathi. 

PKESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

The pror & Gor desired Caleb pussey & Nich. Walln to acquaint 
the ass: y' hee waited for ym. They returned they wold speedilie 
attend him. 

The ass: appearing, Jos. Growdon, chairman aforesd, acquainted 
y* pror & Gor y' they had much debate in y' grand comittee about 
y oathes & test, & the manner of taking ym; as also about y* 
charges of y' provincial Council, but could come no agreem', wher- 
upon y* debates wer again re-assumed before the Governo'. 

Adjourned to 27 May instant. 



560 MINUTES OF THE 

[27"' May, 1700. 

Att a Council Held att philad. die Lunce, 27"" May, 1700. 

PKESENT : 

WM. PENN, pror &• Gor, et ysdem ut antea. 

The ass: appearing, To whom & Council, as a grand Comittee, >* 
pror & Go' did again propose y" matter of oaths, attest, & charge of 
provincial Council ; and y^ same being att large debated, 

Adjourned to 3 p. rn. 



Att wch time y' ass: again appearing, The pror &- Gor proposed 
to ym a bill about y' regulaon of Indian traders, wch hee referred to 
a Comittee of both houses; also a bill about regulating negros, re- 
ferred to another Comittee of both houses; also a Bill about regu- 
lating Courts of Justice, referred to a S^ Comittee, &. to bring y' 
reports of y" sd bills to-morrow morning. 

Adjourned to 28'" instant. 



[28'-' May, 1700. 

Att a Council Held att philad. die Martis, 28* May, l^OO. 
present: 
WM. PENN, pror & Gor, et ysdem ut antea. 

The rexive Chairmen of y° sd 3 Comittees brought in each of ym 
draught of the rexive bills recomended to ym. 
Adjourned to 3. p. m. 



a 



Att wch time y" ass: appearing in a grand Comittee, wt y' Gor &: 
Council, The bill about regulating Indian traders was read, considered 
and amended, & Gri. Jones appointed to draw it up fair by to-morrow 
morning; also y^ bill about regulating negros was read, considered & 
amended; also y" bill about Regulating of Courts was read&; consid- 
ered, with its amendments, &; given to sd Griffith Jones to be fair 
drawen up. 

Adjourned to 29'" instant. 



[29"= May. 

Att a Council Held att philad. die Mercury, 29'" instant. 



PROVINCIAL COUNCIL 581 

PRESENT : 

WM. PENN, pror & Governor, et ysdem ut antea. 

The pror & Gor psented to the Council & ass : a Bill about a Court 
Barron, another about Confirmaon of free-holds, another about sur- 
veys, & appointed a Comittee of 3 psons out of each Countie of y' 
province, <fe of 3 out of each County of the territories, to be a Comit- 
tee to consider of y° sd 3 Laws. 

Ad. to 30'\ 



30* May, 1700. 

Att a Council Held att philad. die Jovis, 30"' instant. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

The ass: being sent for, appeared, <§' Gri. Jones presented to y' 
Go' & Council the bills about regulaon of Courts & Indian traders, for 
yr consideraon. 

Then y' ass : requested they might go to y' owne house to dispatch 
what Lay befor ym, to wch y^ Gor assented. 

Adjourned to 31" instant. 



[31 May. 

Att a Council Held att philad. die Veneris, 31" May, 1700. 
present: 

WM. PENN, pror & Gor, et ysdem ut antea. 

Two members from y'^ ass : desired y' y' ass : might be admitted. 
Granted. 

John Blunston, accompanied by all y^ repsentatives in ass: ap- 
peared. 

Upon reading y' petion of Rob' Turner & Joseph fisher, bearing 
date y' 27"^ instant, Setting forth that att an ass: held att philad. 10"' 
May, 1689, (qrof Ar. Cook deced,was speaker, & David Lloyd Clark,) 
there was a vote & resolve past ag' y^ per. Rt. Turner, wtout a hear- 
ing or conviction by an insufficient number of y' members yrof, viz: 
Ar. Cook, speaker, Hen. Waddy, Gr. Owen, Tho. Ducket, phi. pem- 
berton, Sam' Levis, Tho. paschall,Val. Hollingsworth, Edmd. Bennet, 
Richd. Martin, Nich. Blunston, Dan. Jones, Wm. Berrie, Wm. Man- 
louc, Jn' Walker, Ab. Opdegraeff, Is. Weldone, Rob' piles, Jn" Bar- 
tram, Jn' Swift, That Wm. Markham, Rob' turner, & Gr. Jones, who 
Issued forth y' warrants ag' Jn" White, a member of y' Ass, & y' Jno 
Claypoolc & Richd. Reynolds Sheriffs, who by colour of such wrrt or 
wrrtts, arrested & caried him away; as also y' sd John Claypool, who, 

49* 



582 MINUTES OF THE 

wtout anie wrrt, during y^ sitting of sd ass : did arrest David Lloyd, 
knowing him to be Clerk yrof, are, & everie of ym is yrfor reputed 
violaters of y'= priviledges of Ass, & betrayers of y' Liberties of y° 
freemen of y" sd province & territories, & y' they ought to be made 
Incapable of bearing anie publick office or place of trust in this 
govrmt ; «Si y' a wrrt be made outt & signed by y" Speaker, directed 
to all high & pettie Constables, for bringing ym befor y" sd ass : to 
uns' y' contempt & breach of privilcdge aforesd : As also, setting forth 
y' sd Joseph ffisher, (wt other members of that Asscmblie,) having 
entered his protest ag' a vote or resolve yrof, & yron absenting 
ymselves, there was another vote &; resolve past, That y° sd Joseph 
ffisher, per. & the other absent members, are not worthie to be chosen 
again, or be intrusted as delegates. And also, setting forth y' y' sd 
rexive I'esolves, votes & sentences past yron ag' y' pers rexivlie, have 
not only proved much to their scandal, reproach, detriment, publick 
shame & disgrace, but may also to that of their posterities, if not now 
att last remedied, the same being yet standing in cue of the most pub- 
lick (a3 reputed) records of fame and Creditt wtin y*" sd province &, 
territories, and y' by reason yrof, y'' pers. stand Liable (at y" will & 
pleasure of ill minded men) und' this or any change ofgovrm' y' may 
happen to be drawen into question for & about y'^ same. And also 
setting forth, y' y^ per. R' Turner, hath made manie modest & Chris- 
tian potions & applicaons to the succeeding assemblies, (Copies 
whereof are hereunto annexed) for a Hearing & trial, & hath Long 
waited att y^ posts of y' doors; & pticularlie in May, 1690, bee, by a 
petion to y' ass: then sitting att Newcastle, did sett fohh y' being in- 
formed of some votes past ag' him last ass, & yn standing open upon 
their books, & y' having inquired of several of y'' sd number of 20 
psons, about y'' same, they could give y^ per no informaon, being 
whollie Ignorant yrof, & y' David Lloyd, y"" clerk, tho' often requested 
to give y" per a Copie yrof, yet hee still refused, alledging his ord" to 
the contrarie, & yrfor yn requesting to be brought to a trial. As 
als®, in May, 1691, requesting y' hee might Come to his trial & be 
found guiltie of or acquitted fromsd Charge, especial! ie seeing some of 
y' sd 20 members said to be yn psent Si yr names affixt to y*" sd votes, 
denied yt they ever knew anie thing directhe or indirectlie of such a 
vote or resolve ag' y" sd R' Turner. As also, setting forth y' by a 
Letf of 24"' May, 1690, y" per. R' Turner, had acquainted y*" pror &: 
<Tor with y" sd injurie done him, to whom y"" per sent a Copie of y' ass: 
proceedings, requesting his assistance for relief yrin ; y' hee was 
pleased so farr in justice to take notice y' by his Lre to Jn^'Goodson 
of 24"" 8br, 1691, hee advised y' an amicable end be putt to R' Tur- 
ner's bussines about Jn" White saying in his Lre, tell y^ Council so, 
& the parties, as my desire, (k. y' accordinglie y^ sd Jn° goodson, wt 
y" per, went to a full Council <t produced to ym y" sd letter, & pressed 
y' compliance yrwith. And y' notwtstanding y" sd Rob' Turner's 
peiions & applicaons, hee could never prevail to have a hearing or 
triall. And yrfor, now att last requesting a fair & open trial and 
Hearing, & y' if it he made appear y' y*" sd vote &; resolve hath pro- 
ceeded on a groundless & false Ibundaon in matter of fact ag' y° per. 



PROVINCIAL COUNCIL. 583 

Rob' Turner, & y' y° psons that so past y'^ sd votes & resolves wer but 
20 instead of 24, the Charteral Quorum, (By which Charter y' assem- 
blie had power to impeach, & y° Gor & Council to Judge,) y' yn the 
sd minutes, resolves & votes, may by y"" Gor, provincial Council i^ as- 
semblie, wt y'' rcxive sentences y' Ibllowed yron ag' y" sd pers, be va- 
cated, declared void & null &i of no force nor effect, to all intents, 
constructions & purposes, in all time hereafter coming, so furr as re- 
lates to y" sd pers rexivlie. 

Whereupon, y^ pror & Gor desired Jn° Blunston, the Speaker of 
the assemble, to produce the minutes of Ass: held lO"" May, 1689, 
which hee did ; and being read, y' wer yrin inserted y" sd votes & 
resolves, with other votes & resolves introductorie jrof ; but nothing 
appearing by y" sd minutes y' y'' per. Rob' Turner ever signed y" sd 
wrrt or wrrtts, & y° sd Rob", absolutelie denying y' hee did, & chal- 
lenging y" ass: to prove itt, (wch none ofym could do,) but on y° con- 
trarie, hee, 3'^ sd Rob', producing before ym y" original wrrt directed 
to y" sheriff, wch was onlie signed by Wm. Markham & Gr. Jones, & 
not att all by Rt. Turner, (a copie qrof is to remain upon y" file of y^ 
minutes of this Council) as also by y" sd minutes, it plainlie appearing 
y' y' wer onlie psent 19 psons, & the speaker, att passing y^sd votes 
&• resolves, qras the Charteral number should have been 24, & if y" 
had been a Charteral number psent they could not have passed y'^ sd 
votes & resolves ag' y* sd Rt. Turner, he never Having signed y^ sd 
wrrt or wrrtts, as before is made appear, and nothing in the said min- 
utes appearing that y" sd Rob' Turner was cited before ym, or y' hee 
was ever heard to answer for himself. And y° sd Robt. Turner, per, 
having been heard to make a full ans' to y^ sd votes & resolves, & 
all his pctions, applicaons & prooffs having been read, fullie heard, & 
y- matter att Large opened So debated, & having made itt appear y'y^ 
sd Arthur Cook on his death bed, told Gr. Jones y' hee was willing 
to give satisfacon both to sd Jones & y^ per, in ass, & y^ sd Rot. Tur- 
ner having openlie declared y' tho' the words wer not spoken to him, 
yet they wer full satisfacon to him from y" sd Arthur. 

Therfore, it was the unanimous vote & Resolve of y° Gor, Coun- 
cil & assemblie, N. C.y'thcsd votes & resolves, [proceeding upon a 
groundless &; false foundation in matter of fact, ag" y^ sd Rt.Turner,hee 
never having signed y" sd wrtor wrtts, & not being heard in his owne 
defence, d: not being made&; past by a Quorum or Charteral number 
as aforesd,] & the sentence ofy'sd Rt. Turner, per, his being made 
incapable of bearing anie publick office or place of trust in this govrmt, 
following jron, as also y*" sd other vote & resolve, & sentence follow- 
ing yron, ag' y'^ sd per. Joseph ffisher. Be &. are hereby vacated, de- 
clared void & null, & of no force nor effect, to all intents, construc- 
tions &; purposes, as if y'' same had never been made nor pasl", so farr 
as concerns y' sd Rt. Turner & Jos. Fisher, y^ pers rexivlie, & y' a 
reference be made by y" secrie in &, from y^ sd ass's book of minutes, 
to y" minutes of provincial Council held this day, of the vacating &; 
making void & null y° sd votes, resolves, &; sentences past yron, so 
farr as Concerns y'^sd pers rexivlie, and y' a Copie hereof be delivered 



584 MINUTES OF THE 

to ym by y^ secrie, to be by ym keept for yr compurgaon & clear- 
ance in y" sd matter, in all time hereafter comeing. Copie of y' re- 
ierence wttin y" book of minutes of ass: followes, Viz: — Pennsilva- 
NIA, 31'' S*" mo, 1700, vide y" minutes of provincial Council &; ass: of 
this date, qrin by an unanimous vote of both the vote & resolves of 
this ass: of 10'^ S"* mo, 1689, &; y' sentences past yron ag' II' Tur- 
ner & Joseph Fisher, yrin rexivlie named, are (for y" reasons yrin 
menoned) vacated, declared void & null, & of no force nor effect, to 
all intents, constructions dc purposes, as if the same had never been 
made, so farr as concerns y^ sd Rt Turner & Jos. fisher, rexivly, sign 
by ord' of Gor, Council &> assembly, by 

PAT. ROBINSON, secry. 

Joseph Growdon, Chairman of y^ grand Comittee of both Council 
& ass: appointed to Consider of certain laws proposed by y" Go% Re- 
ported that they had read & partly considred y" bills about regulaon 
of Courts, power of the Civil magistrate, Court Barron, Regulaon of 
Indians, Indian traders & negros, surveyors & y" fees, & robbing of 
Orchards, & y' it was the opinion of the whole Comittee y' they saw 
no service in sd bills att this time, neither had they time to consider 
ym fuUie. 

Then the propr & Go' Laid before the Council & assemblie the 
Consideraon of a Bill to be past for securing the people's properties, 
& another Bill of suppiie to him as Go', who never yet these 20 years 
past, had had a farthing from them. 

Adjourned to P' June, 1700. 



1" June, 1700. 

Att. a Council Held att Philadelphia 1" June, 1700, die Sabbathi. 

present: 
WM. PENN, pror. & Go', et ysdem ut antca. 

Upon the Request of some of the merts of philad to the Go', Coun- 
cil and ass, setting forth y' there was this year more tobacco in the 
river than could be Carried home to England, for want of shipps, if the 
time of shipping of Tobacco in bulk was not protracted to a Longer 
day. The pror & Gor appointed some psons to draw up a bill prolong- 
ing sd time to the 1'' July next ; As also, another Bill obliging all 
vessells going to & from the sea, to call att Newcastle 6i make re- 
port there, und' a certain penaltie. 

Adjourned to 3' June instant. 



PROVINCIAL COUNCIL. 585 

[3^ June, 1700. 

Att a Council Held att Philadelphia die Lunse, S"* June, 1700. 

PRESENT : 

WM. PENN, pror. & Governo', etysdem ut antea. 

The pror & Gor appointed some psons to draw up a Bill about the 
trjingand punishing of negroes. 

Rob' French & ph. pemberton, from the ass, informed y' Go'' ds 
Council that the time of y' ass: was almost outt, & y' y'^ass: could not 
agree upon the precise time of y° 15 days being outt ; VVherupon y" 
pror & Gor sent Jos. Growdon & John Hill, to informe ym that in 
strictness y^ 15 days are not expired (the first days not being in the 
number) till the sixt instant inclusive, & to desire ym to consider yrof, 
that the Gor & Council may not be straitned with time to do the pub- 
lick bussines. They returning from the assemblie, made ans' that 
they wold consider yrof. 

After some time, two of y° members of Ass: desired that y'^ speaker 
& ass: might have a Conference with the Gor &; Council about y* 
time granted. 

The members rexivlie appointed brought in a bill prolonging the 
time prohibiting the shipping tobacco in bulk ; also, a Bill obliging all 
vessells going to &, coming from y° sea, to call att Newcastle & make 
report there, under a certain penaltie; as also, a Bill about trying & 
punishing of negroes. 

Adjourned to 4"^ instant. 



[4* June, 1700. 

Att a Council held att philad. die Martis, 4* June, 1700. 
present: 
WM. PENN, pror. & Go", et ysdem ut antea. 

The sd 3 Bills being read by y' Secrie & amended, wer sent to the 
House of Repsentatives for yr assent, by Griffith Owen & Caleb 
pussey. 

The pror & Gor acquainted y' Council that he had perused and 
Considered y" Charter by ym psented to him to be granted, and 
psenled to ym y° draught of such Charter as hee could grant ym, & 
appointed Jos. Growdon, Sam' Carpenter, Rd. Halliwell &; Jn" Don- 
aldson, a Comittee of y° Council to join a Comittee of Ass, to puse 
(fe consider y" same, & desired sd Halhvell to acquaint y" ass: yrof. 

Adjourned to 5" instant. 



»86 MINUTES OF THE 

[5'" June, 1700. 

Att a Council Held att philad. die Mercury, 5* June, 1700 
present: 

WM. PENN, pro' & Go', et ysdem ut antea. 

Joseph Growdon, chairman of sd Comittee, made report y' they 
had considered of some amendmls of y° sd draught, wch hee gave y* 
pror for his perusal. 

Caleb pussey, a member of, made a motion y' a Bill should be pre- 
pared about elections of repsentatives & y' fees, & a Bill about a free- 
man. The pror ordered y' sd (.'aleb pussey to prepare itt. 

The pror & Gor ordered Griffith Owen to prepare a Bill about 
sicklie vessells coming into thisgovernmt. 

Joseph Growdon made a motion that 3'' in the 11 be raised for y° 
Go''" use. Hee ordered sd Growdon to prepare a Bill for that end. 

Sam" Carpenter made a motion y' a bill might be prepared for rais- 
ing Onepennie p 11 & 63. p poll, for defraying the publick debts of y* 
government. The pror & Gor ordered Sam' Carpenter to draw itt 
up. 

Griffith Owen made a motion that a Bill might be prepared for 
Laying an Impost upon wine, Rum, Cider, Liquors retailed, for y* 
prors. use & supjjort. Hee ordered sd Owen to draw itt up. 

Caleb pussey desired y ' a Bill might be prepared to Continue Si, con- 
firm y' Laws of this governm'. The pror appointed sd Caleb to draw 
itt up. 

Adjourned to 6"" instant. 



6* June, 1700. 

Att a Council Held att philad. die Jovis, 6"" instant. 
present: 
WM. PENN, pror & Go', et ysdem ut antea. 

Caleb pussey brought in the bill about elections, a freeman & rep- 
resentatives fees, & another Continuing & Confirming y° Law of this 
government. 

Griffith Owen brought in the Bill about sicklie vessells, & another 
about Impost. 

Sam' Carpenter brought in the Bill for raising one pennie p 11. for 
defraying y'^ publick debts of the government. 

The which 5 Bills, after some amcndmts made )'rin, wer sent to the 
house of repsentatives for their assent. 

The pror & Gor recomended the Bills of 3^ in the 11. and of Impost, 
to the Consideraonof y' Ass, & Sam" Carpenter was sent wt ym. 

Adjourned to 7* instant. 



PROVINCIAL COUNCIL. 687 

An a Council Held att philad die Veneris, 7"" June, 1700. 
present: 
WM. PENN, propr. and Governo'. 

Sam" Carpenter, Richd. Hough, Robt. French, 

Edwd. Shippen, Jn" Simcoke, John Hill, 

Giffith Owen, Caleb pussey, Tho. Fenwick, 

Joseph Growdon, Rich'' Hallwell, Sam' Preston. 

William Biles, Jn" Donaldson, 

The pror & Gor desired Wm. Biles & Caleb pussey to acquaint 
the assembly that hee & Council waited for ym ; who returned they 
wold attend him. 

The ass: appearing. The Speaker psented to y^ Gor & Council 
eight bills wch had past yr house. The pror told ym Hee wold cause 
them to be read and Considered, And desired ym wt all speed to Con- 
sider of the Charter &; the amendmts to be made yrin, & y' if they 
could agree among ymselves about the alteraons & amendmts they 
desired Hee wold for his part, be as condescending and easie as hee 
could. 

After Reading of all the said 8 bills 3 times by y' secrie, they were 
by y" pror, Gor & Council, approved of & assented to. 

The 1'', entituled, the Law of a freeman about elections and Rep- 
sentatives fees. 

The 2^, The Law for granting an impost upon wines, Rum, beer, ale, 
&c, & goods imported, retailed & sold in this province & territories. 

The 3'', The Law requiring all M" ofShipps & vessells to make 
report att the town of Newcastle, y' are or shall be bound to or from 
y° sea. 

The 4"", The Law for prolonging the time prohibiting the shipping 
tobacco in Bulk. 

The 5"", The Law about trying and punishing negroes. 
The 6*, The Law about sicklie vessels coming into this govern- 
ment. 

The 7"", The Law for raising one pennie p pound, and six Shills. 
p head, for paymt of y^ publick debts of the governm'. 

The 8*", The Law for confirming & continouing the Laws of this 
government. 

Then the pror & Gor desired the Secrie to acquaint y* ass: y' hee 
waited for ym. The ass : appearing, the pror &. Gor desired the 
Secrie to read over the sd eight bills, wch hee did, & y" pror & Gor 
did underwrite each bill in these words, viz: philad., f"" June, 1700. 
Tlii-s bill being 3 times read was assented to by the Gor & Council, 
& yn yrto putt his hand & y" seal of y'' province. 

Then y° pror ask't y° ass : whether they had prepared any other 
Bills for his assent, Who answered no. 

Then y' ass : brought in to y* Gor & Council the Chart hee had 
proposed to ym, wt amendmts, but after a Long debate, & nothing 
beinw like to be agreed upon by reason of y' opposion between y' 



588 MINUTES OF THE 

upper & Lower Counties, about the number of members & repsenta- 
tives charges, & some other clauses yrof, 

The pror & Gor, wt y" Consent of the Councill, putt itt to the vote 
whether they wold be governed by y° old Charter ; caried in the 
negative. 

Then hee putt it to y" vote qther, (since the Chart could not be 
agreed upon,) Hee should not reassume the govermt, as it was after 
the act of Union, & govern by his Lres pats, from king Charles y' S**, & 
on y' foot of y' act of Union ; Caried in the affirmative by y' mem- 
bers of Council & ass, except 4 or 5. 

Therafter itt was by y" Gor & Council, & all the repsentatives in 
ass : unanimouslie voted, declared & assented to, y' all y' Laws past 
att Chester, & in y° petion of right, & all the Laws since made, as 
also y'^ Law for Confirming & Continuing y° Laws of this govrm', 
made this ss of ass: shall stand, be & Continue in full force & virtue, 
as hath been Customarie, until 1 the rising of the next genral ass, & 
20 days after, & no Longer, except such Laws, or pts of Laws, as are 
repealed, altered, or supplied by other Laws. 

Therafter y' pror & Gor, upon the motion of a member of ass, 
promised j' the clause of y° Charter relating to proptie should con- 
tinue as it was before. 

Then Jno. Blunston, Speaker, in the behalf of the repsentatives of 
y' people in ass, & Wm. Biles, in the behalf of y" repsentatives of 
y' people in Council, for y^ province, &L Jn" Hill & Wm. Rodney for 
y' territories, and in behalf of y'' people & repsentatives in Council 
& ass, and by and with the unanimous Consent of all y^ members 
both of Council & ass: present, took y^ Charter, & delivred itt up to 
the pror & Gor, which hee accepted of att yr Hands and then said : 

Friends, since you wer dissatisfied wt y" Charf you had, & y' you 
could not agree among yorselves about a new one, I shall be easie 
in ruling you by the king's Lettrs pats. &; act of Union, & shall in 
the ruleing of you. Consider my grant from the king & you that I 
am to rule, and shall from time to time endeavour to give you satis- 
facon. I advise you not to be easilie displeased One with another, 
be slow to anger & swift to charitie, so I wish you all well to yor 
homes. 

The end of the eight ss. of Council & Assemblie. 



PROVINCIAL COUNCIL. 589 

MINUTES OF COUNCIL IN THE ASSEMBLIE, Anno Ri. Rs. 

Gulielmi terty. 

[14"' October, 1700. 

Att a Council Held att Newcastle die Lunce, 14"" 8br, 1700. 
present: 
The Honblc WILLIAM PENN, absolute proprietor of the province 

of pennsilvania & territories yrto belonging. 

Humph. Morry, Thomas Storie, Caleb pussey, Joseph Growdon, 
Edw'' Shippen & Griffith Owen, appearing, signified that having been 
of his Council, but now as by y" sheriffs of Bucks & Philadelphia 
Counties y"" returns will appear being chosen to serve in ass, desired 
a dismiss from y'' Council. The Gor told ym y' for y° psent hee did 
dispense w' their attendance on Council, y'they might attend in ass, 
but y' theraftcr, &: when the ass : was over, Hee expected yr return 
to yr service in Council. 

Adjourned to 15"" instant. 



[IS^'-Octob', 1700. 

Att a Council Held att Newcastle die Martis, 15* instant. 
present: 
WM. PENN, pror & Gor, et ysdem ut antea. 

Richd. Halliwell & Jasper Yeates being sent for by y® pror & Go', 
wer solemnlie attested, took & subt. y° Qualificaon of Counsellors, 
& took place att y'^ board. 



[16"" OctoV, 1700. 

Att a Council held att Newcastle die Mercury, 16'" instant. 

PRESENT : 

WILLIAM PENN, prop' & Governo'. 

Humph. Morrey, Caleb pussev, Jasp. Yeates. 

Tho. Storie, Richd. Hallwell & 

The pror &; Gor desired y° secrie to see if the Assemblie wer 
readie, who returned y' they wold forthwith wait upon him, wch they 
accordinglie did. 

The Sheriff of Philadelphia Countie his return of repsentatives for 
ass : was produced, qrby wer elected E"" Shippen, Gr. Owen, Rould 
Ellis, Isaac Norris. 

The Sheriff of Bucks his return was produced, qrby yr wer elect- 
ed Joseph Growdcn, Richd. Hough, Sam" Dark, Rob' Heaton. 

50 



590 MINUTES OF THE 

The Sherifl' of Chester his return was produced, qrby y' wer 
elected Joseph Baker, Sam" Levis, Natll. Newlin, Nicholas pyle. 

The Sheriff of Newcastle his Return was produced, qrby y' wer 
elected John Healie, John Grubb, Rob' French, Tho. picrson. 

The Sheriff of y'' Countie of kent his return was produced, qrby 
ther wer elected Jn" Brinkloc, Richd. Wilson, Wm. Morton, lienrio 
^Molleston. 

The sheriff of Sussex his Return was produced, qrby ther wer 
elected John Hill, Tho. pemberton, Luke Watson, Jr. Tho. Fenwick. 

Which psons so returned appearing, subt y' qualificaon of rep- 
sentatives in ass. The pror & Gor desired ym to go together & 
choose y'' Speaker &; psent him. 

After some time, Joseph Growdon, accompanied by y' whole housp 
of repsentntivbs, appeared before y' Gor & Council, & acquainted 
ym y' they had chose him for yr speaker ; who, after hce had disa- 
bled himself by repsenting his unfittness att such a time <Sr. for such 
work, yrfor desired to be excused, & y' y'^ Gor wold order y^ ass: to 
choose a more fitt pson. The Gor said j' what y' ass: had done 
pleased him. Then y" sd Joseph Growdon desired y' att all times 
they might have access to y'^ Gor's pson, & a favourable construcon 
putt on y'' words, and freedom from arrests ; wch y' Governo'' grant- 
ed ; And yn said : 

Friends, The calling you alt this time was upon urgent occasions ; 
you know wee want a frame of govrm' &; a bodie of Laws, wtout 
wch sociefie canuot subsist. I recomend to you the revisal of y* 
Laws ; what to Continue, what to repeal, what to alter, what to 
explain, & what new ones is requisit to make. Secondlie, 1 Reco- 
mend to you the settling of proptie. 3dlie, a supplic for support of 
governmt ; and I recomend to you amitie & concord among yor- 
selves. 

Adjourned to 17"' instant. 



[17* August% 1700. 

Att a Council Held att N. castle die Jovis, 17"" instant. 
present: 
WM. PENN, pror &, Go', et ysdcm ut antea. 

, The Gor & Council began with y'^ LaM-s made att Chester, y' by 
y" Councill's previous examinaon, mending S,- altering yrin what they 
thought needfull, y' ass's: work might bo y' more facilitated. H. 
Morrcy had leave to go home. 

Adjourned to 18'' instant. 

•October. 



PROVINCIAL COUNCIL. 591 

IS'" October, 1700. 

Att a Council Heldatt N. Castle die Veneris, 18'" instant. 

PRESENT : 

WM. PENN, pror &; Go% et ysdem ut tintea. 

Griffith Owen & Joseph Baker, from y' ass, desired y' the writtdt 
return of repsentatives chosen for N. Castle Countie might be sent 
ym ; vvch was done. 

The Gor & Council Contioned to revise y° Laws for y' dispatch 
of y" assembly. 

Then y" speaker & repsentatives of ass: (upon a previous message 
to y° Gor,) appeared, & humble repsented to him & Council, y' 
upon reading a petion presented to ym by y' inhabitants of y° 3 
lower 100^' of N. Castle Countie, & on examinaon yrof, y' they 
had no notice of sd election, &> yrfor, in their house voted y' sd 
election void. 

Wherupon, the Gor ordered y' secrie to issue a new writt, directed 
to y" sheriff of N. castle Countie, to sumon y' Inhabitants yrof to meet 
«Sc make a new choice of 4 repsentatives for Assembly the 21'' instant ; 
vvch hee did. 

The Gor ordered y' secrie to attend the Comittee of ass: appointed 
to revise & prepare y" Laws, & to explain to ym the observaons & 
alteraons y' hee & Council had made yrin. Jasp. Yeates had leave 
to go home till 21^' instant. 

The pror & Gor recomended to Tho. Storie y' Consideraons of the 
Laws about Testates & Intestates estates, & to make report to-morrow- 
morning. The Gor & Council proceeded in revising y' Laws. 

Adjourned to 19*^ instant. 



[19'" October, 1700. 

Att a Council Held att N. Castle die Sabbathi, 19'" instant. 
pkesent: 
WILLIAM PENN, propr. & Governo^ 
Caleb pussey. Rich'' Halwell, & Tho. Storie. 

The Gor & Council Continued to proceed in the examinaon & 
revising y" Laws in Order to y' amendmts yrof, both in the fore 
& afternoon. 

Adjourned to 22'* instant. 



22'* October, 1700. 

Att a Council held att N. Castle die Martis, 22* instant. 



592 MINUTES OF THE 

present: 
WM. PENN, pror. & Go', et ysdem ut antea. 

The Sheriff of y'' Countie of N. Castle his return of y"' late writt 
directed* to him by y* pror Si Gor for choosing 4 repsentatives in 
)''■■ sd Countie for ass: was produced, yrby it appeared y" ther wer 
elected Rich'' Hallwell, Jasp, Yeates, Rob' French, Jn° Healy. 

Then sd Rich"' Halwell & Jasper Yeates appeared bcfor y' Gor & 
Council, signifying y' having been of his Council, but now as by y" 
Sheriff of N. Castle his return appears being chosen to serve in ass, 
requested his dismiss from y" Council. The Gor granted yr desire 
during y' ss. of assemblie, but yrafter expected yr return to yr duty 
as Councellors to him. 

Adjourned to 2.3^ instant. 



[23^ October, 1700. 

Att a Council Held att N. Castle die Mercfury, 23'' instant. 

PSENT : 

WILLIAM PENN, propr. & Governo% Tho. Storie, Caleb pussej & 

Humphrie Morrey. 

The Gor & Council proceeded in the examinaon & revising the 
Laws, and sent y' Secrie to y" ass: wt some Bills to ym, by them to 
be read & amended, if they saw cause. 

Adjourned to 24"" instant. 



[24"^ October, 1700. 

Att a Council held att N. Castle die Jovis, 24"" instant. 
peesent: 
WM. PENN, pror & Gor, et ysdem ut antca. 

The pror & Gor sent for ph. pemberton, Wm. Biles & Jn" Blun- 
ston, who having been qualified to be of y° Council, took yr places 
att y* board. 

The Gor & Council proceeded in the examining, revising & 
amending y' Laws, & desired y" Secrie to cary some bills to y' ass: 
for yr concurrence. 



POST MERID. 
The Gor desired Tho. Storie to prepare a bill for y" regulaon of 
Courts in y" province & territories by to-morrow morning, and in y' 



PROVINCIAL COUNCIL. 593 

meantime proceeded in examining, revising &; amending y° Laws, by 
drawing ym up into new bills for y' ass's: Concurrence. 
Adjourned to 25"" instant. 



[25* October, 1700. 

Att a Council Held att N. Castle die Veneris, 25* instant. 

PRESENT : 

WILLIAM PENN, pror and Governo'. 

Caleb pussey, Humph. Morrey, phin. pemberton, 

Thomas Story, Jn" Blunston, William Biles. 

Isaac Norris & Jno Hill, from y' ass, presented to the Gor some of 
y'' Bills hee had sent ym, wt some amendmts, &: twice by ym read, 
all wch being read & considred by y'' Gor & Council, wer sent back 
to y' ass; for a S'' reading ; And in y" meantime, hee & Council pro- 
ceeded in examining &: revising y^ Laws for y° ass's: further ease &, 
dispatch. 

Adjourned to 26"" instant. 



a 



[26"^ Octob', 1700. 

Att a Council Held att N. Castle die Sabbathi, 2G"' instant. 

PSENT : 

W>1. PENN, pror & Go', et ysdem ut antea. 

Tho. Storie exhibited to y' Gor & Council a draught of a Bill for 
the regulaon of Courts of Justice ; wch was begun to be read ^/ con- 
sidered. 

Edw'' Shippen & Jn" Healy psented some bills from y" ass, wch had 
been twice read by ym, to be considred of by y" Governor & Council. 

Jasper Yeates & Isaac Norris, from the ass, desired a Conference 
with the Council ; which was granted. The Speaker & ass: appear- 
ing, psented to y" Gor & Council an address, requesting him to 
adjourn the ass: for some time, & that ph. pemberton, Gritiilh Jones, 
David Lloyd &; Jn" Moore, be imployed to pcuse y'Laws now in force, 
in order to amend ym, &, to draw up other Bills for y' several occa- 
sions, &; desired his Concurrence. After readuig yrof, y' Gor told 
ym y' after hee. Council & ass: had agreed on y' amendments <k al- 
teraons of y' Laws now in force, &, what wer fitt to be continoued, 
y' assemblie might then make use of whom they pleased to word 
ym. 

Adjourned to 28'" instant. 

50* 



594 MINUTES OF THE 

28'" October, 1700. 

Att a Council Held att N. Castle die Lunse, 28* instant. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

The pror & Gor desired y* Secrie to read outt y' rest of the Bill for 
regulating Courts, wch hee did ; &; in y" afternoon it was again begun 
to be read over §. by §. &; several addions & amendineiiis wer made 
yrin. 

Adjd.to 29'Snstant. 



29"^ October, 1700. 

Att a Council held att N. Castle die Martis, 29* instant. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

The remaining parts of y' sd Bill for regulating Courts, both in the 
fore & afternoon, wer read, debated and amended. 

Adjd. to 30'" instant. 



30* October, 1700. 

Att a Council Held att N. Castle die Mercury, 30"^ instant. 
present: 
WM. PENN, pror & Gor, et ysdem ut antea. 

The Gor desired the Secrie to Carry to y° ass: the Bill for regulating 
Courts of Justice, for their perusall, which hee did. Two members of 
ass : brought y° Gor & Council some more Bills by them twice read. 

Adjourned to p. m. 



Att wch time y'^ Gor & Council having pused y' remaining bills 
sent by y* ass, & by ym twice read. Ordered y° Secrie to return ym to 
y° ass: for y' 3'* reading. 

Adjourned to 31'' instant. 



31" Octob\ 1700. 

Att a Council Held att N. Castle, die Jovis, 31" instant. 
present: 
WM. PENN, pror & Gor, et ysdem ut antea. 



PROVINCIAL COUNCIL. 596 

The Gor & Council proceeded in reading, revising, altering & 
amending the Laws for y* more speedie dispatch of y' ass, & sent ynn 
some other Bills. 

Adjourned to 1" Nov"". 



1" Novemb', 1700. 

Att a Council Held att N. Castle die Veneris, 1" Nov', 1700. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

Two members from y^ ass: brought some bills from ym y' had been 
twice read, for y' pusal of y' Gor & Council, wch wer accordinglie 
by ym read & returned to y' ass: for a third reading. 

Adjourned to p. m. 



Att wch time Griffith Jones, in behalf of Richardson, son of' 

John Richardson of y° Countie of kent, deced, brought in a draught of 
a bill for taking off the attainder of y" sd John Richardson, deced, 
and y" sd Griffith Jones Having been heard how hee could make good 
y' reasons of his request in sd bill contained. The Gor & Council, 
after perusal yrof, C omitted y' further perusal of y'' same to Tho. 
Storie, & ordered him to report y' reasonableness yrof to-morrow. 



Adjourned to 2"^ instant. 



2" NovemV, 1700. 

Att a Council Held att N. Castle die Sabbathi, 2' No', 1700. 

PRESENT : 

WM. PENN, pror &, Gor, et ysdem ut antea. 

Tho. Storie gave in to y' Gor &, Council y* Bill for taking off y* 
attainder aforesaid, wt amendments, wch was read and debated. 

Two members of ass: brought to y" Gor & Council some more Bills 
for their perusal, w^hich wer by ym read and Considered. 

Adjourned to p. rn. 



Att wch time Gr. Owen &• Jn" Hill, from y" ass, brought to y* Gor 
& Council another bill, by ym twice read, for yr perusall. The Gor 
desired y" Secrie to carrie to y' ass: 3 bills more for vm to Consider 
of. 

Adjd. to 4'" instant. 



596 MINUTES OF THE 

4* Novemb', 1700. 

An a Council Held att N. Castle die Lunae, 4"" instant. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

Gr. Owen & Rd Hahvell, from y^ass, acquainted y* Gor y' y'ass: 
desired a Conference wt him & Council about the act of Union, which 
y' pror granted to be held att 4 post merid. The Gor caused the 
Secrie to read some other Laws y' had been twice read bv the assem- 
blie. 

Adjourned to 4 p. m. 



Att which time Joseph Growdon, Speaker, & repsentatives in ass, 
held a Conference with the Gor and Council, about y' act of Union, 
& that it was in force. 



Adjourned to 6'"" instant. 



[5* Novemb', 1700. 

Att a Council held att N. Castle 5'" Novemb', 1700. 

PRESENT : 

WM. PENN, pror & Gor,et ysdem ut antea. 

Jasp. Yeates & Is. Norris, from y*^ ass, desired another Conference 
with y" Gor& Council about y' act of Union, wch hee granted. The 
Gor ordered y'' Secrie to Carry all y' remaining Laws y' had been 
twice read by y" ass: to ym, wch hee did. 



Aftnoon y" Gor & Council proceeded to prepare some other bills to 
be caried to y* ass. 

Adjourned to 6"* instant. 



[6* Novemb', 1700. 

Att a Council Held att Newcastle 6* Novemb', 1700. 

PRESENT : 

The pror & Gor, et ysdem ut antea. 

The pror & Gor sent by y' Secrie some other bills that had been 
twice read by the ass: for y' Concurrence. Edw"* Shippen &. Rich'' 
Hallwell, from y' ass, brought to y° Gor & Council 26 bills by ym 
thrice read, for y' assent. 



PROVINCIAL COUNCIL. 597 

POST MERIDIEM. 

Two members of ass: brought from vm some more Bills that had 
been by ym thrice read, for y"' Gor & Council's assent. 

The pror & Gor ordered Rob' Ashton & James Logan, to ingress 
y' Laws sent by y* ass, & by them trice read, in order to be past into 
Laws. 

Adjourned to 7"* instant. 



[7"'Novemb% 1700. 

Att a Council Held att N. Castle die Jovis, 7"" instant. 
present: 
WM. PENN, pror 6c Gor, et ysdem ut antea. 

Rob* French & Gr. Owen brought to y° Gor & Council some more 
Bills past y^ ass: thrice, for y"" assent, ph. pemberton & Tho. Storie 
wer by y" pror & Gor sent to y° ass. wt some Laws y' had been 
brought to ym from ass: thrice read, with some amendments. 



P. M. Two members brought from y° ass: some more Bills y' had 
been by ym thrice read, for y'^ Gor & Councill's Concurrence, wch 
wer read. 



Adjourned to S'^ instant. 



[8'" Novemb% 1700. 

Att a Council Held att N. Castle die Veneris, 8* instant. 
present: 
WM. PENN, pror & Gor, et ysdem ut antea. 

Gr. Owen & R' French, from y" ass, delivred a message To y* Gor 
& Council, desireing y° Law of Seven years Quiet possession to con- 
tinoue as before. 

The Gor desired ym to acquaiiit the ass: that hee desired a Con- 
ference wt them about that and some other Bills. 

Adjourned to 9* instant. 



[9''-Novemb% 1700. 

Att a Council Held att N. Castle die Sabbati, 9'" instant. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 



598 MINUTES OF THE 

Jn" Hill & R'Heaton, from the ass, desired a Conference wt Gor 
& Councill about y' Bill of 7 years Quiet possession ; wch hec grant- 
ed. Tlic Speaker & ass: ap[)oaring, & after Conference y' bill was 
returned to y^ ass. 

Ph. pembcrton & Jn° Blunston wer sent by y' Gor & Council 
to y* assemblio with 3 more bills, & to desire ym to dispatch. The 
Gor caused the Secrie to read y° Laws y' had been thrice read by 
J* ass ; wch hoc did. 

Adjd. to p. m. 



Att wch time Tho. Fenwich & Sam' Dark brought some Bills 
from y" ass, by them thrice read, for y" Gor & Councill's Con- 
currence. 

ph. pemberton & Tho. Storio wer by y° Gor sent to y' ass, to ex- 
plain to ym some amendments they had made in some Bills y' y" ass: 
had sent to ym. 

Adjourned to ll"" instant. 



ll*Novemb^ 1700. 

Att a Council Held alt N. Castle die Lunse, 11* instant. 
present: 
WM. PENN, pror & Gor, et ysdera, except Wm. Biles. 

Jno Hill & Jos. Baker brought some Bills from ass: for Gor &, 
Councill's Concurrance, wch having been read, wer returned to ym 
for y° S^ reading, ph. pemberton & Tho. Storie wer sent by y* Gor 
to y' ass: wt some new Bills. 

The pror & Gor sent y" Secrie to y' ass: wt the Bill about the post 
office, for y' Concurrence yrin, and sent 2 of y^ Council to y° ass, de- 
siring a Conference wt ym about certain Laws; which was granted. 

Adjourned to 12"" instant. 



i 

12"'Novemb^ 1700. 

Att a Council Held att N. Castle die Martis, 12"" instant. 
present: 
WM. PENN, pror & Gor, et ysdem ut antea. 

Sam' Lewis & Tho. Fenwick brought some bills from y* ass: that 
had been thrice read by ym, for the Gor & Council's Concurrence. 

Adjourned to 13" instant. 



PROVINCIAL COUNCIL. 599 

IS'^-Novemb', 1700. 

Atta Council Held att N. Castle die Mercury, 13'" instant. 
present: 
WM. PENN, pror & Gor, et ysdom ut antea. 

The Gor &, Council proceeded to prepare some Laws to psent to 
the assembly, (kc. 

Adjourned to 14"' instant. 



14'" Novemb', 1700. 

Att a Council Held att N. Castle die Jovis, 14"" instant. 
present: 
WM. PENN, pror &l Go', et ysdem ut antea. 

Jn° Blunston & Caleb pussey vver by y° Gor sent to y' ass: with 
some bills and amendments. 

Adjourned to 15'^ instant. 



15"" Novemb', 1700. 

Att a Council Held att Newcastle die Veneris, 15'" instant. 
present: 
WM. PENN, pror & Gor. et ysdcm ut antea. 

Edwd. Shippen, Richd. Halwell, Jasp. Yeates, &; Isaac Norris, 
brought two bills y' had been three times read, for y^ Gor & Council's 
Concurrence, and delivered to the pror & Gor y* frame of govermt 
wt y° amendts yrof, for his pusall. 



POST MERIDIEM. 
Jn" Hill &. John Healy brought some bills to y* Gor & Council that 
had been twice read by y' ass. 
Adjourned to 16"" instant. 



16'" Novemb', 1700. 

Att a Council Held att N. Castle dicSabbathi, 16 instant. 
present: 
WM. PKNN, pror & Gor, et ysdcm ut antea. 

Jn" Blunston, a member of this board, had leave from y" pror & 
Gor to go Home. 

Adjourned to 18"' instant. ' 



600 MINUTES OF THE 

18* Novemb', 1700. 

Att a Council Held att Newcastle die Luna?, 18'" Nov', 1700. 
treseivt: 
WM. PENN, pror & Gor, et ysdem ut antea. 

Tho. Fenwick & Nicho. Newlin, brought from y*ass: foiire Bills 
that had been three times read, ibr their Concurrence. The pror & 
Gor desired y' Secrie to Carry back to y' ass: y* bill about y* preser- 
vaon of his pson, \vt some amendmts. 

Jasper Yeatcs & Isaac Norris brought to y* pror & Gor y*^ Bill of 
propertie from y^ ass; wch was read, &y' Consideraon yrof deferred 
to post meridiem. 



Att wch time y' pror &, Gor desired y' Secrie to read over y^ bill of 
proptie; wch was done, and some part of it debated. 

Adjourned to 19'" instant. 



19'" NovemV, 1700. 

A.tt a Council held att N. Castle die Martis, 19'" instant. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

Foure members of ass: acquainted y' pror & Gor y' y" ass: could 
not agree about y*" upper & Lower Counties proporons about y'' bill 
of support of govermt; wheron y^ pror & Gor desired a Conference wt 
y' ass: on y' affair; Which they accordingly had. 

Adjourned to p. m. 



Att wch time. Upon reading the petion of James Sandilands of 
Chester town, to the . 



Adjourned to the 20'" instant. 



[SO"" Nov% 1700. 

Att a Council held att Newcastle die Mercury, 20*^ instant. 

PRESENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

Tho. Fenwick fy Nicho. Newlin, from y* ass, desired y^ Gor to 
appoint a member of Council to meet with two members of ass, 
to compare y" Laws y' wer ingrossed ; who accordinglie appointed 
Caleb pussey. 

Adjourned to 21'' instant. 



PROVINCIAL COUNCIL. 601 

[21" Nov'. 1700. 

Att a Council liclil att N. Castle die Jovis, 2V' instant. 
PKKSKNT : 
WM. Penn, pror & Gor, ct ysdfm ut antca. 

The Gor and Council did Consider some other branches & parts 
of y° Bill of proptie. and debaled y' same. 

Adjourned to 22* instant. 



[22* Nov^ 1 700. 

Att a Council Held alt N. Castle die Veneris, 22^ instant. 

PUE3ENT : 

WM. PENN, pror & Gor, et ysdem ut antea. 

THc pror Sz, Gor did lurth^^r Consider y- Bill of proptie & sent 
y' secric to the a3.s. to d^-sire a Conference w' ym about y' same y° 
SS"* instant. 

Adjourned to 23' instant. 



£23'" Novemb', 1700. 

Att a Council Held att N. Castle die Sabbathi, 23* instant. 
present: 
WM. PENN, pror & Gor, et ysdem ut anfea. 

The Ass: app^arod, & the prir & Gor delivred to the Speaker in 
writting so ne objoclion'? ag' some pts of y' Bill of proptie, for y' 
Consideraon, ^ after som.e ansrs made by the ass: yrto ; The 
Speaker delivered to y* pror & Gor the Bill for raising monio for 
support of govrmt & depted to yr owne house. 

The pror & Gor caused y" Secrie to read y" sd bill fir support, 
&c., which hoe did, & after some amcndmts yrof the Gor desired 
Jn\ Blunston to carrio it to y" assemblie for their Concurrence. 

Adjourned to 25''' instant. 



[SO'^Novcmb', 1700. 

Att a Council Held att N. Castle die Lunae, 25"" instant. 

PRESENT : 

WM. PENN, pror d; Gor, et ysdcm ut ante. 

Two members from y° ass: related to y° Gor, somo objections they 
had ag' y^ Rill of proptie, v/ch y" Gor sntisficd ym in, & desired they 
wold acquaint y" ass: y' thoy wold make what haist thoy could to 
draw to an end by reason of y*' hard season, and his indisposition of 
bodie. 

Adjd to p. m. 



602 MINUTES OF THE 

Alt well time 2 members from y^'ass: brought to y^ Gor & Coun- 
cil the Bill of proptio, y' Bill for y' support of y' Govrmt, & a Bill 
for a Bridge over Chester Creek, thrice read, & desired his Concur- 
rence yiin. The pror & Gor desired y*^ secrie to gett y° sd 3 Bills 
ingrosscd, & y' tiiey might, with the other Bills be Comped. by y' 
appointed members of Council & ass : in order to be past into laws. 

Adjourned to 27'" instant. 



[27"- Nov' 1700. 

Att a Council held att Newcastle die Mercury, 27*. 
fresknt: 
WM. PENN, pror & Gov, et ysdcm utantea. 

The pror & Gor sent )° secrie to the ass, desiring the Speaker & 
y" whole House of repsentatives to wait upon him in ord' to have y" 
Laws past. 

Accordinglie they appeared, & y^ pror & Gor caused y" Secrie to 

rfiad the titles of all the Laws y' had been engrossed in number 

Contained in sheets of paper, & askt y^ member of 

Council, Caleb Pussey & y' members of ass: Jasp Yeates &; Isaac 
Norris, whether they wer satisfied y' y' titles read wer the titles of 
y" Laws they had Comped, & that they wer trulie ingrossed, who 
answered y' they wer satisfied with both. 

Wherupon, alter y" pror had caused y*" sd Laws to be signed by 
y" Speaker Joseph Growdon, in name & behalf of y^ assemblie, & 
had Caused j" great seal to be appended to y* same — Hee openlie, in 
presence of y" Councill & assembly, declared the same to be the 
Laws of the province of Pennsilvania & the Territories y'to belong- 
iaff, according to y* kings Letters patent, granted to Him und' y"" great 
Seal of England. And did proiogue this Assembly to y' first of 
April next, but said hee wold not Call ym together till the eighth 
moneth came, twelve moneth without a Verie emergent occasion. 

F.Nn OF vol.. I. 



^ ^ 88 "'^•'^. 



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